1343.0775 

LCMA  2  _ _ 

1921 
c  3 

ILLINOIS 
DEPARTMENT  OF 

Mines  and  Minerals 

General  . 

Information  , 

- 

,  9  *  j  .  -  • 

>  ■>  ' 

and  Laws 

'  Effective  July  1,  1921 


ROBERT  M.  MEDILL 

Director 

SPRINGFIELD 

[Printed  by  authority  of  the  State  of  niinois.] 


/ 

r 

.ILLINOIS 
DEPARTMENT  OF 


Mines  and  Minerals 


General 
Information 
and  Laws 


Effective  July  1,  1921 


ROBERT  M.  MEDILL  , 

Director 

SPRINGFIELD 

[Printed  by  authority  of  the  State  of  Illinois.] 


V 


C. 


ScHXEPP  &  Bapxes,  Prixters 
Sprixgfield,  III. 

1921 

52473— lOM 


CONTENTS. 


V  y  - 

Page. 

1.  Department  of  Mines  and  Minerals — 

Organization,  power  and  duties .  5 

2.  General  Mining  Law .  16 

3.  Right  of  Eminent  Domain .  73 

4.  Wages,  Lien  on  Property .  76 

5.  Miners  paid  for  all  Coal  Mined .  77 

6.  Shot-firers  in  Coal  Mines .  78 

.7.  Fire  Fighting  Equipment .  81 

8.  Rescue  Stations  .  90 

9.  Miners’  Examining  Board .  94 

10.  ^il  and  Gas  Wells . .  99 

11.  Coal  and  other  Mineral  Leases .  102 

♦ 

12.  Oil  or  Gas  Leases .  103 

13.  Regulating  Character  of  Explosives..-. .  104 

14.  Regulating  Character  of  Black  Powder .  107 

15.  Wash  Rooms  for  Employees .  110 

16.  Regulating  the  use  of  Electricity.' .  112 

17.  Capital  Stock  Ownership .  113 

18.  Mining  Engineering  . ’. .  113 

19.  Trespassing .  115 

20.  Information  .  .  . .  115 

21.  Mining  Investigation .  116 

22.  Rules  and  Regulations  Governing  Examina¬ 

tions  .  120 


DEPARTMENT  OF  MINES  AND  MINERALS. 


I.  ORGANIZATION  AND  MANAGEMENT. 

1 

1.  Executive  Officers. 

The  Department  of  Mines  and  Minerals  is  com¬ 
posed  of  the  following  executive  officers:  A  Director, 
an  Assistant  Director,  a  Mining  Board  consisting  of 
four  mine  officers  and  the  Director  of  the  Department, 
and  a  Miner’s  Examining  Board  of  four  persons  desig¬ 
nated  as  miners’  examining  officers.  (Secs.  4  and  5, 
Code.) 

2.  Seal. 

Departments  are  required  to  adopt  and  authenti¬ 
cate  their  acts  by  an  official  seal.  (Sec.  19,  Code.) 

3.  Central  and  Branch  Offices. 

^  Each  department  is  required  to  maintain  a  cen- 
tral  office  at  the  Capitol.  Branch  offices  for  the  con-  . 
duct  of  a. particular  function  of  the  department  may 
be  established  and  maintained  at  other  places  by  the 
director  with  the  approval  of  the  Governor.  (Sec. 
17,  Code.) 

4.  Employees,  Civil  Service. 

From  those  who  are  in  the  classified  civil  service 
of  the  State  on  July  1,  1917,  in  the  office,  board,  com¬ 
mission  or  institution  coming  under  the  supervision 
and  control  of  the  department,  each  employee  is  to 
be  assigned  to  a  position  in  the  department,  having 
so  far  as  possible  duties  equal  to  his  former  office  or 
employment,  provided  no  more  are  employed  than  are 
necessary  to  the  proper  performance  of  the  functions 
>  of  the  department.  (Sec.  24,  Code.) 

Departments  have  power,  subject  to  civil  service 
laws,  to  employ  all  other  necessary  employees  and  fix 
their  compensation,  when  their  compensation  has  not 
been  theretofore  determined  by  law.  (Sec.  20,  Code.) 


5.  Rules  and  Regulations. 

It  is  the  duty  of  the  Director  to  prescribe  rules 
and  regulations  for  the  government  of  his  depart-  / 
ment,  the  conduct  of  its  employees,  the  distribution  ^ 
and  performance  of  its  business  and  the  custody,  us{^ 
and  preservation  of  the  property,  records  aand  docu-^ 
ments.  (Sec.  16,  Code.) 

6.  Cooperation,  Coordination  and  Efficiency. 

The  Director  is  to  devise  a  practical  system  of 
cooperation  and  coordination  of  the  work  of  the  de¬ 
partment  to  eliminate  all  duplication  and  overlapping 
of  functions,  and  to  economize,  whenever  practicable, 
in  the  use  of  quarters  and  equipment.  With  the  con¬ 
sent  of  the  superior  officer  of  the  employee,  the 
Director  may  require  an  employee  of  another  depart¬ 
ment  to  perform  any  duty  that  is  required  of  his  own 
employees.  (Sec.  26,  Code.) 

7..  Moneys,  Disposition. 

All  State  funds  or  moneys  received  by  a  depart¬ 
ment  must  be  turned  over  to  the  State  treasury  with¬ 
in  ten  days  of  receipt,  without  any  deduction  what¬ 
soever.  (Sec.  27,  Code.) 

8.  Expenditures. 

Departments  are  forbidden  to  make  expenditures 
except  in  consequence  of  an  appropriation  duly  made 
and  upon  the  warrant  of  the  Auditor  of  Public  Ac¬ 
counts.  (Sec.  27,  Code.) 

9.  Reports. 

In  addition  to  the  semi-annual  and  biennial  re¬ 
ports  provided  for  by  the  constitution,  the  Director  is 
required  to  make  on  or  before  December,  annually  tc\^ 
the  Governor,  and  whenever  otherwise  requested,  ^ 
written  report  concerning  the  condition,  management 
and  financial  transactions  of  the  department.  (Sec. 

25,  Code.) 


II.  POWERS  AND  DUTIES. 


10.  Generally. 

This  department  is  by  the  Civil  Administrative 
""ode  given  power  to — 

Acquire  and  diffuse  information  concerning 
the  nature,  causes  and  prevention  of  mine 
accidents,  and  the  improvement  of  methods,  con¬ 
ditions  and  equipment  of  mines  with  special  ref¬ 
erence  to  health,  safety  and  the  conservation  of 
mineral  resources; 

Inquire  into  the  economic  condition  affecting 
mining,  quarrying,  metallurgical,  clay,  oil  and 
other  mineral  industries; 

Promote  the  technical  efficiency  of  all  per¬ 
sons  working  in  and  about  the  mines  of  the  State 
and  assist  them  in  better  to  overcome  the  in¬ 
creasing  difficulties  of  mining,  and  for  that  pur¬ 
pose  to  provide  bulletins,  traveling  libraries,  lec¬ 
turers,  correspondence  work,  classes  for  syste¬ 
matic  instruction,  or  meetings  for  reading  and 
discussion  of  papers  and  to  that  end  to  cooperate 
w’ith  the  University  of  Illinois; 

And  generally  to  discharge  the  rights,  pow¬ 
ers  and  duties  of  the  former  State  Mining  Board, 
State  Mine  Inspectors,  and  Mine  Fire  Fighting 
and  Rescue  Station  Commission.  (Sec.  45,  Code.) 

11.  Mining  Board. 

The  duties  of  the  re-created  Mining  Board  are 
specifically  enumerated  by  the  Code  as  follows: 

Hold  meetings; 

Conduct  examinations  for  and  pass  upon  the 
practical  and  technological  qualifications  of  the 
personal  fitness  of  inspectors  of  mines,  mine  man¬ 
agers,  mine  examiners  and  hoisting  engineers; 

Conduct  examinations  for  inspectors  of 
mines  the  second  Tuesday  in  September  annually 
and  at  such  times  as  may  be  necessary,  and  for 


8 


mine  managers,  mine  examiners  and  hoisting 
engineers  at  such  times  and  places  as  will  afford 
the  best  facilities  to  the  greatest  number  of 
candidates; 


Announce  by  public  notice  of  the  time  ancle 
place  of  all  examinations;  " 

Prescribe  uniform  rules,  conditions  and  regu¬ 
lations  for  all  authorized  examinations; 

Report  in  writing  to  the  Director  the  names 
of  the  successful  applicants  at  the  examinations 
for  the  positions; 

Preserve  for  a  year  the  written  examination 
papers  and  other  documents  pertaining  thereto, 
and  allow  inspection  thereof  by  applicants,  and 
furnish  certified  copies  to  them; 

Remove  for  statutory  reasons  inspector  of 
mines  or  cancel  certificate  of  mine  manager, 
mine  examiner  or  hoisting  engineer; 

Supervise,  control  and  direct  the  State  mine^^^^ 
inspection  service.  (Sec.  46,  Code.) 

The  Director  is  constituted  the  executive  officer 
of  the  Mining  Board  and  is  charged  with  the  duty  to 
execute  its  orders,  rules  and  regulations  and  to  issue 
certificates  of  qualification  to  persons  certified.  (Sec. 

47,  Code.) 

Under,  the  Fire  Fighting  Equipment  Act,  the 
Department  of  Mines  and  Minerals  is  required  to — 
Approve  chemical  fire  extinguishers  and 
hand-pump  buckets  required  to  be  provided  for 
all  mines,  underground  stables,  entries  or  pas¬ 
sageways.  (Sec.  2j,  m.) 

By  virtue  of  the  Mining  Law,  the  former  State 
Mining  Board,  in  addition  to  the  foregoing  duties, 
was  required  to —  ^ 

Enforce  the  provisions  of  the  State  Mining  (^5 
law  (Sec.  lb);  ^ 

Employ  such  persons  as  may  be  necessary 
for  the  proper  discharge  of  its  powers  and  dut- 


9 


Prescribe  standing  or  other  rules  for  the  con¬ 
trol  and  direction  of  its  officers,  State  mine  in¬ 
spectors  and  employees; 

Grant  upon  proper  application  and  evidence 
permit  to  operate  a  second  motion  engine  (Sec. 
2f); 

Preserve  the  record  of  names  and  addresses 
of  persons  certified  (Sec.  3b); 

Issue  citation  and  investigate  charges  against 
State  mine  inspectors  and  remove  them  if 
charges  are  true  (Sec.  3h); 

Divide  the  State  into  twelve  inspection  dis¬ 
tricts  and  change  the  boundaries  whenever  neces¬ 
sary  without  changing  the  number  of  •  the  dis¬ 
tricts  (Sec.  4); 

Furnish  the  State  mine  inspectors  an  ane¬ 
mometer,  safety  lamp  and  such  other  instru¬ 
ments,  printing  matter  and  supplies  as  are  neces¬ 
sary  to  a  discharge  of  the  duties  of  inspector 
(Sec.  5d); 

Require  State  mine  inspectors  to  make  at 
least  one  personal  examination  of  each  mine 
within  the  district  every  six  months  (Sec.  5e) ; 

Order  additional  survey  of  mine  to  the  regu¬ 
lar  annual  survey; 

Order  a  correct  survey  and  may  when  the 
one  made  is  materially  inaccurate  or  when  the 
operator  refuses  to  make  survey  or  map  (Sec. 
7j,  k) ; 

Prescribe  specifications  for  all  illuminating 
oils  or  other  illuminants  used  in  coal  mines 
(Sec.  18) ; 

Furnish  certified  copies  of  papers  and  docu¬ 
ments  to  persons  interested  upon  payment  or 
tender  of  such  fees  as  are  paid  to  Circuit  Court 
clerks  in  counties  of  second  class  for  similar 
services  (Sec.  25c); 

Collect,  summarize  and  compile  in  an  an¬ 
nual  coal  mining  report  statistical  details  relat- 


10 


ing  to  coal  mining  in  the  State,  especially  in 
relation  to  vital,  sanitary,  commercial  and  in¬ 
dustrial  conditions  and  to  the  permanent  pros¬ 
perity  of  the  industry  (Sec.  lb); 

Under  the  Fire  Fighting  Equipment  Act,  the 
former  State  Mining  Board  was  required  to — 

Cancel  and  revoke  certificates  of  competency 
of  mine  managers  who  violated  said  Act  and 
have  been  convicted  of  such  violation  (Sec.  7b); 
The  Oil  and  Gas  Wells  Act  and  the  Powder  Act 
required  the  State  Mining  Board  to — 

Keep  on  file  statements  and  maps,  giving  the 
location  and  depth  of  wells  drilled  for  gas  or  oil 
required  to  be  filed  with  the  Mining  Board  by 
section  2  of  the  Oil  and  Gas  Wells  Act; 

Test  samples  of  black  powder  for  specific 
gravity  and  for  moisture  content  received  from 
State  Mining  Inspectors  under  section  4  of  the 
PowMer  Act. 

12.  State  Mine  Inspectors. 

State  Mine  Inspectors,  under  the  Mining  law  of 
1911,  were  required  to — 

Approve  or  pass  upon  the  placing  of  a  tem¬ 
porary  mine  manager  or  of  a  mine  examiner  for 
a  period  not  exceeding  twenty-three  days  (Sec. 
3d,  e,  g)  ; 

Request  of  the  hoard  of  supervisors  or  county 
commissioners  for  the  appointment  of  a  county 
mine  inspector,  and  petition  the  county  court  for 
the  appointment  of  such  an  inspector  and  an 
appropriation  if  the  request  be  not  complied  with 
(Sec.  5b); 

Authorize,  in  writing,  county  mine  inspec¬ 
tors  to  exercise  all  of  the  powers  and  duties  of 
the  State  Mine  Inspector  (Sec.  5b); 

Make  personal  examinations  of  each  mine  in 
the  district  at  least  once  in  every  six  months,  or 
oftener  if  necessary  (Sec.  5e) ; 


11 


Measure  and  determine  the  amount  of  air 
passing  in  the  last  cross-cut  in  each  pair  of 
entries  in  pillar  and  room  mines  in  the  last 
room  of  each  division  in  long  wall  mines  and  at 
the  inlet  and  outlet  of  mines; 

Compare  all  air  measurements  with  last 
mine  examiner’s  and  mine  manager’s  report  upon 
the  mine  examination  book; 

Observe  that  the  legal  code  of  signals  be¬ 
tween  the  engineer  and  top  and  bottom  man  is 
established  and  conspicuously  posted  (Sec.  5f) ; 

Require  the  taking  of  every  necessary  pre¬ 
caution  for  the  health  and  safety  of  workmen  in 
the  mines; 

Demand  observance  of  provisions  and  re¬ 
quirements  of  Mining  law  (Sec.  5f ) ; 

Take  prompt  action  for  the  enforcement  of 
penalties  for  violations,  etc.  (Sec.  5f) ; 

Obtain  an  order  from  the  circuit  court  to 
grant  permission  to  enter  mine  in  case  of  opera¬ 
tor’s  refusal  to  permit  inspection  (Sec.  5h) ; 

Post  at  the  landing  of  mines  in  a  conspicu¬ 
ous  place  a  notice  stating  the  number  of  men 
permitted  to  ride  on  the  cage  and  at  what  rate 
of  speed,  stating  what  is  necessary  for  the  bet¬ 
ter  protection  of  the  miners,  and  giving  the  date 
of  inspection  under  his  signature  (Sec.  5i); 

Report  in  writing  to  the  State  Mining  Board 
all  mine  inspections  (Sec.  5f) : 

Test  all  scales  used  for  the  weighing  of 
coal,  call  attention  to  imperfections,  direct  over¬ 
hauling  if  necessary,  and  forbid  operation  dur¬ 
ing  adjustment  (Sec.  5j); 

Furnish  blanks  to  operators  for  statistics  of 
wages  and  conditions  of  employees  (Sec.  5n); 

Order  additional  survey  of  mine  to  the  regu¬ 
lar  annual  survey; 

Order  a  correct  survey  and  map  when  the 
one  made  is  materially  incorrect  or  when  the 


12 


operator  refuses  to  make  survey  or  map  (Sec. 
7j,  k); 

Order  suitable  protection  against  dangers  at 
escapement  shafts  (Sec.  9d); 

Pass  upon  the  size  of  refuge  places  (Sec. 
lOj); 

Pass  in  writing  upon  the  number  of  safety 
lamps  required  at  each  mine  (Sec.  13a); 

Order,  in  writing,  the  proper  quantity  of  air 
supply  for  each  mine  (Sec.  14a,  b,  1); 

Approve  place  of  doors,  curtains  or  brattices 
(Sec.  14c); 

Pass  upon  the  location  of  cross-cuts  be¬ 
tween  entries  (Sec.  14d) ; 

Pass  upon  the  location  of  blind  pillars  (Sec. 
14e) ; 

Pass  upon  the  necessity  of  using  safety  lamps 
(Sec.^l4h); 

Require  in  writing  the  placing  of  an  attend¬ 
ant  at  doors  through  which  less  than  three  driv 
ers  are  hauling  coal  (Sec.  14k); 

Sample  oils  used  for  illuminating  purposes 
and  send  to  State  Mining  Board  a  sample  of  oils 
suspected  of  being  inferior  to  specifications 
(Sec.  18d); 

Order  in  writing  additional  mine  examiner 
when  necessary  (Sec.  21a); 

Require  mine  to  be  examined  for  gas  at 
shorter  intervals  than  eight  hours  preceding  com¬ 
mencement  of  work  by  day  shift  (Sec.  21b); 

Investigate,  assist  promptly,  attend  and  take 
part  at  inquest  in  case  of  personal  injuries  or  loss 
of  life  through  mine  accidents  (Sec.  25a,  b,  c) ; 

Furnish  proper  blanks  to  mine  operators 
upon  which  to  report  deaths  and  personal  in¬ 
juries  (Sec.  25a) ; 

Stop  operation  of  mine  and  remove  offending 
person  whenever  mine  is  operated  in  disregard 
of  law  (Sec.  29b); 


13 


Annually  within  sixty  days  of  June  30,  re¬ 
port  to  the  Mining  Board  all  acts  performed  and 
duties  discharged  within  preceding  year,  and 
recommend  appropriate  legislation  (Sec.  51). 

By  the  Miners’  Wages  Act,  the  State  Mine  In¬ 
spector  was  required  to — 

Ascertain  whether  said  Act  is  violated  with 
reference  to  the  manner  in  which  wages  are 
paid; 

Institute  suit  promptly  in  case  of  violation 
(Sec.  2). 

Under  the  Fire  Fighting  Equipment  Act,  the 
State  Mine  Inspector  was  required  to — 

File  a  sworn  complaint  against  any  person 
who  violated  said  Act  (Sec.  7e,  d). 

By  the  Explosive  and  Blasting  Act,  the  State 
Mine  Inspector  was  required  to — 

Sample  explosives  used  for  blasting  pur¬ 
poses  (Sec.  2); 

Send  samples  to  the  United  States  Bureau 
of  Mines  to  test  for  content  (Sec.  3); 

Approve  plans  for  the  construction  of  maga¬ 
zines  for  storing  of  explosives  (Sec.  6); 

Under  the  Powder  Act,  the  State  Mine  Inspector 
was  required  to — 

Sample  black  blasting  powder  used  for  blast¬ 
ing  purposes; 

Send  samples  to  the  State  Mining  Board  to 
be  tested  (Sec.  4); 

The  Washrooms’  Act  requires  the  State  Mine 
Inspector  to — 

Inspect  washrooms  and  report  in  writing  to 
the  owner  or  operator  its  physical  and  sanitary 
condition,  recommending  such  changes  as  may 
be  necessary  (Sec.  3). 

By  the  information  Act,  the  State  Mine  Inspec¬ 
tor,  under  the  direction  of  the  State  Geologist  and  at 
such  times  and  in  such  manner  as  not  to  interfere 


14 


with,  his  primary  duties  as  inspector  of  mines,  is  re¬ 
quired  to — 

Procure  a  true  record  of  the  various  strata 
through  which  coal  shafts  are  sunk,  or  borings 
of  coal,  oil,  gas  or  artesian  water  are  made; 

Determine  the  altitude  of  the  top  of  said 
shafts  or  bore  holes,  above  some  specified  point 
on  the  nearest  railroad,  or  other  readily  ascer¬ 
tained  elevation; 

Determine  the  dip  of  the  coal  stratum  in  all 
mines ; 

Report  results  of  observations  from  time  to 
time  to  the  State  Geologist  (Sec.  1). 

13.  Miners'  Examining  Board.^ 

The  powers  and  duties  of  the  Miners'  Examining 
Board  are  to — 

Hold  monthly  exaniinations  in  at  least 
twelve  convenient  places  in  the  State  for  persons 
desiring  to  engage  in  coal  mining; 

Give  not  less  than  seven  days’  public  notice 
of  such  examinations,  designating  the  time  and 
place  (Sec.  6); 

Collect  a  fee  of  $2.00  for  miner’s  certificates 
and  pay  same  over  to  the  State  Treasurer  on  the 
10th  of  each  month  following  (Sec.  7); 

Examine  under  oath  applicants  as  to  their 
previous  experience  as  miners  (Secs.  8  and  12); 

*The  Miners’  Examining  Board  created  by  the  Code  is 
to  administer  in  its  name,  without  any  direction,  super¬ 
vision  or  control  by  the  Director,  or  by  the  Mining 
Board,  the  act  entitled  “An  Act  to  provide  for  the 
safety  of  persons  employed  in  and  about  coal  mines, 
and  to  provide  for  the  examination  of  persons  seeking 
employment  therein,  in  order  that  only  competent  per¬ 
sons  may  be  employed  as  miners,  and  to  create  a  Board 
of  Examiners  for  this  purpose  and  to  provide  a  penalty 
for  the  violation  of  the  same,  and  to  repeal”  a  certain 
act  therein  named,  approved  June  27,  1913,  and  all 
amendments  thereto.  (Sec.  48,  Code.) 


15 


Issue  certificates  of  competency  signed  by  at 
least  two  members  of  the  board  and  sealed  with 
its  seal,  only  when  an  applicant  has  had  two  or 
more  years  practical  experience  as  a  miner  and 
has  answered  intelligently  and  accurately  at 
least  twelve  practical  questions  concerning  the 
requirements  and  qualifications  of  a  practical 
miner; 

Keep  an  accurate  and  detailed  account  and 
public  record  of  the  board’s  proceedings  (Sec. 
8); 

Report  violation  of  Act  to  State’s  attorney 
of  the  proper  county  (Sec.  11) ; 

Annually  on  the  first  of  March  report  to  the 
Governor  regarding  the  work  done  for  the  year 
preceding  and  recommend  improved  methods  for 
holding  examinations  (Sec.  9). 

]Jf.  Mine  Fire  Fighting  and  Rescue  Station 
Commission. 

The  Mine  Fire  Fighting  and  Rescue  Station  Com¬ 
mission,  under  the  Rescue  Station  Act,  was  required 


Provide  by  purchase  or  acquire  through  gift 
,  suitable  sites  for  rescue  stations  to  serve  the 
northern,  the  central,  and  the  southern  coal  fields 
of  the  State,  and  to  equip  the  same  (Secs.  1 
and  3); 

Cooperate  with  operators,  miners  and  Fed¬ 
eral  organizations  in  mine  rescue  work  (Sec.  3); 

Supervise  the  work  at  each  of  the  three  sta¬ 
tions; 

Purchase  all  the  necessary  supplies; 

Provide  for  an  attendant  to  be  on  duty  at 
each  station  night  and  day; 

Keep  an  account  and  record  of  rescue  work 
and  expenditure  (Sec.  7); 

Biennually  report  to  the  Governor  concern¬ 
ing  mine  rescue  service  performed  and  money 
expended  (Sec.  8). 


16 


LAWS. 


MINING  LAW. 

Ax  Act  to  revise  the  laics  in  relation  to  the  coal 
mines  anr  subjects  relating  thereto,  and  provid¬ 
ing  for  the  health  and  safety  of  persons  employed 
therein.  Approved  June  6,  1911,  in  force  July  1, 
1911.  As  amended  hy  an  Act,  approved  June 
30,  1921,  in  force  July  1,  1921. 

State  Mining  Board,  Appointment,  Salary,  Powers 
and  Duties,  Meetings,  Examinations,  Rules  and 
Regulations. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  (a)  That  the  Governor,  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  a  State  Mining 
Board,  as  provided  for  in  the  Civil  Administrative 
Code  of  Illinois. 

Powers  and  duties  of  board.]  (b)  Said  board 
shall  be  authorized,  empowered  .and  required  to 
make  formal  inquiry  into  and  pass  upon  the  practi¬ 
cal  and  technological  qualifications  and  personal  fit¬ 
ness  of  men  seeking  appointment  as  State  inspec¬ 
tors  of  mines,  and  economic  investigator  and  of 
those  seeking  certificates  of  competency  as  mine 
managers,  as  hoisting  engineers  and  as  mine  exami¬ 
ners.  Said  board  shall  have  such  other  pow¬ 
ers  and  duties  as  may  be  prescribed  by  the  provi¬ 
sions  of  this  Act,  or  any  other  Act  relating  to  coal 
mining.  •  Said  board  also  shall  control  and  direct  the 
State  mine  inspectors  hereinafter  provided  for,  in 
the  discharge  of  their  duties,  and  shall  have  the 
power  and  shall  in  person  and  through  the  State 
mine  inspectors,  see  that  all  the  provisions  of  the 
State  mining  law  are  enforced.  Said  board  also  shall 


17 


cause  to  be  collected  statistical  details  relating  to 
coal  mining  in  the  State,  especially  in  its  relation 
to  the  vital,  sanitary,  commercial  and  industrial 
conditions,  and  to  the  permanent  prosperity  of  said 
.  industry;  and  said  board  shall  cause  such  statisti¬ 
cal  details  to  be  compiled  and  summarized  as  a  re¬ 
port  of  said  State  Mining  Board,  to  be  known  as 
the  annual  coal  report. 

Date  and  term  of  appointment.]  (c)  Their 
appointment  shall  date  from  July  1,  1911,  and  they 
shall  serve  for  a  term  of  two  years,  or  until  their 
successors  are  appointed  and  qualified.  They  shall 
also  be  sworn  to  a  faithful  performance  of  their 
duties.  One  of  the  coal  operators  member  of  said 
board  shall  be  elected  as  president  and  one  of  the 
coal  miners  member  of  said  board  shall  be  elected 
as  secretary.  The  board  may  appoint  a  chief,  clerk 
and  may  employ  such  other  persons  as  may  be 
necessary  for  the  proper  discharge  of  its  powers  and 
duties;  all  of  whom  shall  perform  such  duties  as 
may  be  prescribed  by  the  board  from  time  to  time, 
and  the  board  may  from  time  to  time  also  pre¬ 
scribe  standing  and  other  rules  for  the  control  and 
direction-  of  its  officers  and  employees  and  of  the 
State  mine  inspectors. 

Supplies  furnished  by  secretary  of  state.] 
(d)  The  Secretary  of  State  shall  assign  to  the  use  of 
the  board  suitably  furnished  rooms  in  the  State 
House,  and  shall  also  furnish  whatever  blanks,  blank 
books,  printing,  stationery,  instruments  and  supplies 
the  board  may  require  in  the  discharge  of  its  duties, 
and  for  the  use  of  State  mine  inspectors. 

Frequency  of  meetings.]  (e)  The  board  shall 
hold  such  meetings  from  time  to  time  as  may  be 
necessary  for  the  proper  discharge  of  its  duties.  The 
board  shall  meet  at  the  Capital  on  the  second  Tues¬ 
day  in  September  of  the  year  1911,  and  annually 
thereafter,  for  the  examination  of  candidates  for  ap¬ 
pointment  as  State  inspectors  of  mines.  Special 


18 


1 


examinations  also  may  be  held  whenever  for  any 
reason  it  may  become  necessary  to  appoint  one  or 
more  inspectors. 

For  the  examination  of  persons  seeking  certifi¬ 
cates  of  competency  as  mine  managers,  hoisting  en-  1 
gineers,  steam  or  electrical,  and  mine  examiners,  the 
board  shall  hold  meetings  at  such  times  and  places 
within  the  State  as  shall,  in  the  judgment  of  the 
members,  afford  the  best  facilities  to  the  greatest 
number  of  candidates. 

Public  notice  shall  be  given  through  the  press 
or  otherwise,  not  less  than  ten  days  in  advance,  an¬ 
nouncing  the  time  and  place  at  which  any  examina¬ 
tions  under  this  section  are  to  be  held. 

Rules  of  procedure.]  (f)  The  examination 
herein  provided  for  shall  be  conducted  under  rules, 
conditions  and  regulations  prescribed  by  the  board.  ^ 
Such  rules  shall  be  made  a  part  of  the  permanent 
record  of  the  board,  and  such  of  them  as  relate  to 
candidates  shall  be,  upon  application  of  any  candi¬ 
date,  furnished  to  him  by  the  board;  they  shall  also 
be  of  uniform  application  to  all  candidates. 

CoMPEXSATiox  OF  MEMBERS.]  (g)  The  mem¬ 
bers  of  the  State  Mining  Board  shall  receive 
as  compensation  for  their  services  the  sum 
of  ten  dollars  ($10)  each  per  day  for  a  term  not 
exceeding  one  hundred  (100)  days  in  any  one  year, 
and  whatever  sums  are  necessary  to  reimburse  them 
for  such  actual  and  necessary  traveling  expenses 
as  may  be  incurred  in  the  discharge  of  their  duties. 

All  salaries  and  expenses  of  the  board  and  of 
its  employees  shall  be  paid  upon  vouchers  duly 
sworn  to  by  each  and  approved  by  the  president  of 
the  board,  or  in  his  absence  by  the  acting  president, 
and  by  the  Governor,  and  the  Auditor  of  Public  Ac¬ 
counts  is  hereby  authorized  to  draw  his  warrants 
on  the  State  treasury  for  the  amounts  thus  shown 
to  be  due,  payable  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 


19 


Registration.]  §  2.  (a)  An  applicant  for  any 
certificate  herein  provided  for,  before  being  exam¬ 
ined,  shall  register  his  name  with  the  State  Mining 
Board  and  file  with  the  board  the  credentials  re¬ 
quired  by  this  Act,  to-wit:  An  affidavit  as  to  all 
matters  of  fact  establishing  his  right  to  receive  the 
examination,  and  a  certificate  of  good  character  and 
temperate  habits,  signed  by  at  least  ten  residents 
of  the  community  in  which  he  resides. 

Examination  for  inspectors.]  (b)  Each  appli¬ 
cant  for  a  certificate  of  competency  as  State  Inspec¬ 
tor  of  Mines  and  economic  investigator  shall  pro¬ 
duce  evidence  satisfactory  to  the  board  that  he  is 
a  citizen  of  this  State,  at  least  thirty  years  of  age, 
that  he  has  had  a  practical  mining  experience  of 
ten  years,  of  which  at  least  two  years  shall  have 
been  in  the  State  of  Illinois,  and  that  he  is  a  man 
of  good  repute  and  temperate  habits;  he  shall  pass 
an  examination  as  to  his  practical  and  technolog¬ 
ical  knowledge  of  mine  surveying  and  mining  ma¬ 
chinery  and  appliances,  of  the  proper  development 
and  operation  of  coal  mines,  of  ventilation  in  mines, 
of  the  nature  and  properties  of  mine  gases,  of  first 
aid  to  injured,  of  mine  rescue  methods  and  appli¬ 
ances,  of  the  geology  of  coal  measures  in  this  State, 
and  of  the  laws  of  this  State  relating  to  coal  mines. 

Names  certified  to  the  governor.]  (c)  At  the 
close  of  each  examination  for  inspectors  the  board 
shall  certify  to  the  Governor  the  names  of  all  candi¬ 
dates  who  have  received  a  rating  above  the  mini¬ 
mum  fixed  by  the  rules  of  the  board  as  being  per¬ 
sons  properly  qualified  for  the  position  of  inspector. 

Examination  for  mine  manager.]  (d)  Each 
applicant  for  a  certificate  of  competency  as  mine 
manager  shall  produce  evidence  satisfactory  to  the 
board  that  he  is  a  citizen  of  the  United  States,  at 
least  twenty-four  years  of  age,  that  he  has  had  at 
least  four  years’  practical  mining  experience,  and 
that  he  is  a  man  of  good  repute  and  temperate  habits; 


20 


he  shall  also  pass  such  examination  as  to  his  experi¬ 
ence  in  mines  and  in  the  management  of  men,  his 
knowledge  of  mine  machinery  and  appliances,  the 
use  of  surveying  and  other  instruments  used  in  min¬ 
ing,  the  properties  of  mine  gases,  the  principles  of 
ventilation,  of  first  aid  to  injured,  of  mine  rescue 
methods  and  appliances,  and  the  legal  duties  and  re¬ 
sponsibilities  of  mine  managers,  as  shall  be  pre¬ 
scribed  by  the  rules  of  the  board. 

For  mine  managers,  second  class.]  (e)  Each 
applicant  for  certificate  of  competency  as  mine  man¬ 
ager,  second  class,  shall  produce  evidence  satisfac¬ 
tory  to  the  board  that  he  is  a  citizen  of  the  United 
States,  at  least  twenty-four  years  of  age,  that  he 
has  had  at  least  four  years’  practical  mining  ex¬ 
perience,  and  that  he  is  a  man  of  good  repute  and 
temperate  habits.  He  shall  also  submit  to  and  sat¬ 
isfactorily  pass  such  an  examination  as  to  his  ex¬ 
perience  in  mines  and  in  the  management  of  men, 
his  knowledge  of  coal  mining,  mine  ventilation  and 
the  mining  laws  of  this  State  and  the  required  duties 
and  responsibilities  of  second-class  mine  managers, 
as  shall  be  prescribed  by  the  rules  of  the  board,  and 
it  shall  be  unlawful  to  employ  second-class  mine  man¬ 
agers,  or  for  them  to  serve  in  that  capacity  at  mines 
employing  more  than  ten  men. 

Examinations  for  mine  examiners.]  (f)  Each 
applicant  for  a  certificate  of  competency  as  mine 
examiners  shall  produce  evidence  satisfactory  to  the 
board  that  he  is  a  citizen  of  the  United  States,  at 
least  twenty-one  years  of  age  and  of  good  repute  and 
temperate  habits  and  that  he  has  had  at  least  four 
years’  practical  mining  experience.  He  shall  pass  an 
examination  as  to  his  experience  in  mines  generat¬ 
ing  dangerous  gases,  his  practical  and  technological 
knowledge  of  the  nature  and  properties  of  fire-damp, 
the  laws  of  ventilation,  the  structure  and  use  of 
&afety  lamps,  and  the  laws  of  this  State  relating  to 
safeguards  against  fires  from  any  source  in  mines. 


21 


He  shall  also  possess  a  knowledge  of  first  aid  to  in¬ 
jured  and  of  mine  rescue  methods. 

Examination  for  hoisting  engineers.]  (g) 
Each  applicant  for  a  certificate  of  competency  as 
hoisting  engineer  shall  produce  evidence  satisfactory 
to  the  board  that  he  is  a  citizen  of  the  United  States, 
at  least  twenty-one  years  of  age,  that  he  has  had  at 
least  two  years’  experience  as  fireman  or  engineer  of 
hoisting  plant,  and  is  of  good  repute  and  temperate 
habits.  He  shall  pass  an  examination  as  to  his  ex¬ 
perience  in  handling  hoisting  machinery,  and  as  to 
his  practical  and  technological  knowledge  of  the  con¬ 
struction,  cleaning  and  care  of  steam  boilers,  the 
care  and  adjustment  of  hoisting  engines,  the  man¬ 
agement  and  deficiency  of  pumps,  ropes  and  wind¬ 
ing  apparatus,  and  as  to  his  knowledge  of  the  laws 
of  this  State  in  relation  to  signals  and  the  hoisting 
and  lowering  of  men  at  mines. 

The  State  Mining  Board  shall  have  power  to 
grant  a  permit  to  operate  a  second  motion  engine  at 
any  mine  employing  not  more  than  ten  men,  to  any 
person  recommended  to  the  board  by  the  State  Mine 
Inspector  of  the  district:  Provided,  that  the  appli¬ 
cant  for  such  permit  shall  have  filed  with  the  State 
Mining  Board  satisfactory  evidence  that  he  is  a  cit¬ 
izen  of  the  United  States,  that  he  has  had  at  least 
one  year’s  experience  in  operating  a  steam  engine 
and  steam  boiler  and  understands  the  handling  and 
care  of  the  same.  Such  application  shall  be  accom¬ 
panied  by  a  statement  from  at  least  three  persons 
who  will  testify  from  their  personal  knowledge  of 
the  applicant  that  he  is  a  man  of  good  repute  and 
personal  habits,  and  that  he  has,  in  their  judgment, 
a  knowledge  of  and  experience  in  handling  boilers 
and  engines  as  required  in  this  section.  Such  per¬ 
mit  shall  apply  only  to  the  mine  for  which  it  was 
issued. 

(h)  ‘Each  applicant  for  a  certificate  of  compe¬ 
tency  as  electrical  hoisting  engineer  shall  produce 


22 


evidence  satisfactory  to  the  board  that  he  is  a  citizen 
of  the  United  States,  at  least  twenty-one  years  of 
age,  that  he  has  had  sufficient  experience  with  elec¬ 
trical  equipment  satisfactory  to  the  board  to  han¬ 
dle  electrical  hoisting  machinery  and  is  of  good  re¬ 
pute  and  temperate  habits.  He  shall  pass  an  exami¬ 
nation  as  to  his  practical  and  technical  knowledge 
of  the  construction  of  same,  the  care  and  adjust¬ 
ment  of  electrical  hoisting  engines,  the  manage¬ 
ment  and  efficiency  of  electric  pumps,  ropes  and 
winding  apparatus  and  as  to  his  knowledge  of  the 
laws  of  this  State  in  relation  to  signals  and  the  hoist¬ 
ing  and  lowering  of  men  at  mines. 

Examixatiox  papers  preserved.]  (i)  There  shall 
be  written  and  an  oral  examination  of  applicants  as 
may  be  prescribed  by  the  rules  of  the  board;  and  all 
w'ritten  examination  papers  and  all  other  papers  of 
applicants  shall  be  kept  on  file  by  the  board  for  not 
less  than  one  year,  during  which  time  any  applicant 
shall  have  the  right  to  inspect  his  said  papers  at  all 
reasonable  times;  and  any  applicant  shall  be  en¬ 
titled  to  certified  copy  of  any  or  all  of  his  said  papers 
upon  payment  of  a  reasonable  copy  fee  therefor. 

Certificates.]  §  3.  (a)  The  certificates  provided 
for  in  this  Act  shall  be  issued  under  the  signature 
and  seal  of  the  State  Mining  Board,  to  all  those  who 
receive  a  rating  above  the  minimum  fixed  by  the 
^  rules  of  the  board;  such  certificates  shall  contain 
the  full  name,  age  and  place  of  birth  of  the  recipient 
and  the  length  and  nature  of  his  previous  service 
in  or  about  coal  mines. 

Record  to  be  preserved.]  (b)  The  board  shall 
make  and  preserve  a  record  of  the  names  and  ad¬ 
dresses  of  all  persons  to  whom  certificates  are  issued. 

Effect  of  certificates.]  (c)  The  certificates 
provided  for  in  this  Act  shall  entitle  the  holders 
thereof  to  accept  and  discharge  at  any  mine  in  this 
State,  the  duties  for  which  they  are  declared  quali¬ 
fied. 


23 


Unlawful  to  employ  others  than  certified 
MINE  manager.]  (d)  It  shall  be  unlawful  for  the 
operator  of  any  coal  mine  to  have  in  his  service  as 
mine  manager  at  his  mine,  any  person  who  does  not 
hold  a  certificate  of  competency  issued  by  the  State 
Mining  Board  of  this  State:  Provided,  that  when¬ 
ever  any  exigency  arises  by  which  it  is  impossible 
for  any  operator  to  secure  the  immediate  services  of 
a  certificated  mine  manager,  he  may  place  any  trust¬ 
worthy  and  experienced  man  of  the  mine  inspection 
district  in  charge  of  his  mine  to  act  as  temparary 
mine  manager  for  a  period  not  exceeding  seven  days, 
and  with  the  approval  of  the  State  Inspector  of  the 
district,  for  a  further  period  not  exceeding  twenty- 
three  days. 

Unlawful  to  employ  other  than  certificated 
mine  examiners.]  (e)  It  shall  be  unlawful  for  the 
operator  of  any  mine  to  have  in  his  service  as  mine 
examiner  any  person  who  does  not  hold  a  certificate 
of  competency  issued  by  the  State  Mining  Board: 
Provided,  that  any  one  holding  a  mine  manager’s 
certificate  may  serve  as  mine  examiner;  but  in  any 
,  mine  employing  more  than  twenty-five  (25)  men,  the 
^  mine  manager  shall  not  act  in  the  capacity  of  mine 
examiner  while  acting  as  mine  manager;  And,  pro¬ 
vided,  whenever  any  exigency  arises  by  which  it  is 
impossible  for  any  operator  to  secure  the  immediate 
services  of  a  certificated  examiner,  he  may  employ 
any  trustworthy  and  experienced  man  of  the  mine 
inspection  district  to  act  as  temporary  mine  exam¬ 
iner  for  a  period  not  exceeding  seven  days,  and  with 
the  approval  of  the  State  Inspector  of  the  district, 
for  a  further  period  not  exceeding  twenty-three  days. 

Unhvwful  to  employ  other  than  certificated 
hoisting  engineer.]  (f)  It  shall  be  unlawful  for  the 
operator  of  any  mine  to  permit  any  person  who  does 
not  hold  a  certificate  of  competency  as  hoisting  engi¬ 
neer  issued  by  the  State  Mining  Board,  to  hoist  or 
lower  men,  or  to  have  charge  of  the  hoisting  engine 


24 


when  men  are  underground,  except  as  provided  in 
section  2,  paragraph  (f). 

Temporary  employment  of  uncertified  per¬ 
sons  NOT  EXTENDED.]  (g)  The  employment' of  persons 
who  do  not  hold  certificates  as  mine  managers  and 
mine  examiners,  shall  in  no  case  exceed  the  limit 
of  time  specified  herein,  and  the  State  Inspector  shall 
not  approve  of  the  employment  of  such  persons  be¬ 
yond  the  twenty-three  day  limit. 

Removal  of  inspectors.]  (h)  Upon  a  petition 
signed  by  not  less  than  three  coal  operators,  or  ten 
coal  miners,  setting  forth  that  any  State  inspector  of 
mines  neglects  his  duties,  or  that  he  is- incompetent, 
or  that  he  is  guilty  of  malfeasance  in  office,  or  guilty 
of  any  act  tending  to  the  unlawful  injury  of  miners 
or  operators  of  mines,  it  shall  be  the  duty  of  the 
State  Mining  Board  to  issue  a  citation  to  the  said 
inspector  to  appear  before  it  within  a  period  of  fifteen 
days  on  a  day  fixed  for  said  hearing,  when  the  said 
board  shall  investigate  the  allegations  of  the  peti¬ 
tioners;  and  if  the  said  board  shall  find  that  the  said 
inspector  is  neglectful  of  his  duty,  or  is  incompetent, 
or  that  he  is  guilty  of  malfeasance  in  office,  or  guilty 
of  any  act  tending  to  the  injury  of  miners  or  opera¬ 
tors  of  mines,  the  said  board  shall  declare  the  office 
of  said  inspector  vacant,  and  a  properly  qualified  per¬ 
son  shall  be  duly  appointed,  in  the  manner  provided 
for  in  this  Act,  to  fill  said  vacancy. 

Cancellation  of  certificates.]  (i)  The  certifi¬ 
cate  of  any  mine  m_anager,  hoisting  engineer  or  mine 
examiner,  may  be  cancelled  and  revoked  by  the  State 
Mining  Board  upon  notice  and  hearing  as  hereinafter 
provided,  if  it  shall  be  established  in  the  judgment  of 
said  board  that  the  holder  thereof  has  become  un¬ 
worthy  to  hold  said  certificate  by  reason  of  violation 
of  the  law,  intemperate  habits,  incapacity,  abuse  of 
authority  or  for  any  other  cause:  Pi'ovided,  that  any 
person  against  whom  charges  or  complaints  are  made 
hereunder  shall  have  the  right  to  appear  before  said 


board  and  defend  against  said  charges,  and  he  shall 
have  fifteen  days’  notice  in  writing  of  such  charges 
previous  to  such  hearing:  Provided,  further,  that  the 
board  in  its  discretion  may  suspend  the  certificate  of 
any  person  charged  as  aforesaid,  pending  such  hear¬ 
ing,  but  said  hearing  shall  not  be  unreasonably 
deferred. 

Districts.]  §  4.  The  State  shall  be  divided  into 
twelve  inspection  districts,  said  divisions  to  be  made 
by  the  State  Mining  Board.  The  board  may  also 
change  from  time  to  time  the  boundaries  of  said  dis¬ 
tricts  in  order  to  more  equally  distribute  the  labor 
and  expenses  of  the  several  mine  inspectors,  but  this 
provision  shall  not  be  construed  as  authorizing  the 
State  Mining  Board  to  increase  the  number  of  dis¬ 
tricts. 

Inspectors.]  §  5.  (a)  Prom  the  names  certified 
by  the  State  Mining  Board,  the  Governor  shall  se¬ 
lect  and  appoint  twelve  State  mine  inspectors;  that 
is  to  say,  one  inspector  for  each  of  the  twelve  in¬ 
spection  districts  provided  for  in  this  Act;  or  more, 
if,  in  the  future,  additional  inspection  districts  shall 
be  created,  and  their  commissions  shall  be  for  a 
term  of  two  years  from  July  1,  Provided,  the  term 
of  any  State  Mine  Inspector  in  office  July  1,  1911, 
shall  be  extended  to  October  1,  1911:  And,  provided, 
any  State  inspector  in  actual  service  and  good  stand¬ 
ing  and  who  has  passed  one  examination  under  this 
Act  may  be  reappointed  for  the  next  ensuing  term, 
without  further  certification,  but  shall  not  be  so 
reappointed  more  than  three  times:  Provided, 
further,  no  man  shall  be  eligible  for  appointment 
as  a  State  inspector  of  mines  who  has  any  pecuniary 
interest  in  any  coal  mine  in  Illinois. 

(b)  The  board  of  supervisors  in  counties  under 
township  organization,  or  commissioners  in  counties 
not  under  township  organization  of  any  county  in 
which  coal  is  produced,  upon  the  written  request  of 
the  State  Inspector  of  Mines  for  the  district  in  which 


26 


said  county  is  located,  shall  appoint  as  assistant  to 
such  State  inspector,  a  county  inspector  of  mines  who 
shall  work  under  the  direction  of  such  State  inspec¬ 
tor,  but  no  person  shall  be  eligible  for  appointment  as 
county  inspector  who  does  not  hold  a  State  certificate 
of  competency  as  mine  manager,  and  the  compensa¬ 
tion  of  such  county  inspector  shall  be  fixed  by  the 
county  board  at  not  less  than  five  dollars  per  day, 
to  be  paid  out  of  the  county  treasury. 

If  any  county  board  shall  fail  or  refuse  to  ap¬ 
point  a  suitable  person  as  county  mine  inspector, 
or  to  make  an  adequate  appropriation  for  such  county 
mine  inspector  when  appointed  within  ninety  days 
after  the  filing  of  a  w^ritten  request  by  the  State 
Inspector  of  Mines  in  and  for  the  district  in  which 
such  county  is  located,  then  the  State  Mine  In¬ 
spector  or  chief  clerk  of  the  State  Mining  Board, 
may  file  a  petition  verified  by  oath  in  the  County 
Court  of  such  county,  setting  forth  the  condition 
of  coal  mining  in  said  county  which  requires  the 
appointment  of  such  county  mine  inspector,  the  re¬ 
quest  in  writing  as  aforesaid  by  the  State  In¬ 
spector,  and  the  failure  and  refusal  by  the  county 
board  to  make  such  appointment  or  such  appropria¬ 
tion  as  the  case  may  be;  and  the  prayer  of  such 
petition  shall  be  that  the  judge  of  such  County 
Court  appoint  a  county  mine  inspector  or  order  the 
county  board  to  make  such  appropriation;  and  there¬ 
upon  such  County  Court  shall  cause  summons  to 
issue  commanding  the  sheriff  of  the  county  that  he 
summon  the  county  board  to  be  and  appear  at  a  term 
of  court  therein  named,  returnable  as  summons  in 
other  suits  at  law,  and  to  show  cause,  if  any  there  be, 
why  such  county  mine  inspector  should  not  be  ap¬ 
pointed  as  prayed  in  such  petition;  w^hich  summons 
may  be  served  as  other  summons  in  which  a  corpora¬ 
tion  is  defendant;  which  petition  and  any  answer 
thereto  may  be  set  down  for  hearing  before  such 
County  Court  at  an  early  date;  and  if  upon  such  hear- 


27 


ing  it  shall  appear  to  the  court  that  sufficient  cause 
has  not  been  shown  why  such  county  mine  inspector 
should  not  be  appointed,  such  court  may  make  a  find¬ 
ing  accordingly,  and  the  judge  thereof  may  make  such 
appointment;  and  the  order  making  such  appointment 
shall  be  entered  of  record  in  the  cause  and  the  person 
so  appointed  shall  act  as  such  county  mine  inspector 
until  the  further  order  of  court  or  until  such  time, 
not  less  than  one  year  thereafter,  as  such  county 
board  shall  have  appointed  a  successor  to  the  person 
appointed  by  the  judge  of  such  court,  and  such  suc¬ 
cessor  shall  have  qualified  to  act;  and  the  judge  of 
such  court  may  in  his  discretion  remove  the  inspector 
by  him  appointed  and  appoint  a  successor,  and  may 
order  the  county  board  from  time  to  time  to  make  an 
adequate  appropriation  for  such  county  mine  inspec¬ 
tor  and  shall  have  power  to  punish  as  for  contempt  of 
court  any  disobedience  to  any  such  order. 

An  appeal  shall  lie  from  any  final  order  of  the 
County  Court  in  such  proceeding  to  the  Appellate 
Court  of  the  State,  but  the  operation  of  such  order 
shall  not  thereby  be  stayed  unless  by  an  order  made 
and  entered  by  such  Appellate  Court  or  some  judge 
thereof. 

The  State  inspector  may  authorize  any  county 
inspector  in  his  district  to  assume  and  discharge  all 
the  duties  and  exercise  all  the  powers  of  a  State 
inspector  in  the  county  for  which  he  is  appointed,  in 
the  absence  of  a  State  inspector;  but  such  authority 
must  be  conferred  in  writing  and  the  county  inspec¬ 
tor  must  produce  the  same  as  evidence  of  his  pow¬ 
ers  upon  the  demand  of  any  person  affected  by  his 
acts;  and  the  bond  of  said  State  inspector  shall  be 
holden  for  the  faithful  performance  of  the  duties  of 
such  assistant  inspector. 

Bond.]  (c)  State  inspectors,  before  entering  up¬ 
on  their  duties  as  such  must  take  oath  of  office,  as 
provided  for  by  the  Constitution  and  enter  into  a 
bond  to  the  State  in  the  sum  of  five  thousand  dol- 


28 


lars  ($5,000)  for  State  mine  inspectors,  with  sure¬ 
ties  to  be  approved  by  the  Governor,  conditioned  upon 
the  faithful  performance  of  their  duties  in  every  par¬ 
ticular,  as  required  by  this  Act.  Said  bonds,  with 
the  approval  of  the  (Governor  endorsed  thereon,  to¬ 
gether  with  the  oath  of  office,  shall  be  deposited  with 
the  Secretary  of  State. 

INSTEUMENTS.]  (d)  The  State  Mining  Board  shall 
furnish  to  each  of  said  State  inspectors  an  anemo¬ 
meter,  a  safety-lamp  and  such  other  instruments  and 
such  blanks,  blank-books,  stationery,  printing  and 
supplies  as  may  be  required  by  said  inspectors  in 
the  discharge  of  their  official  duties.  Said  instru¬ 
ments  and  supplies  shall  be  paid  for  on  bills  of 
particulars  certified  by  the  proper  officers  of  the  board 
and  approved  by  the  Governor;  and  the  Auditor  of 
Public  Accounts  shall  draw  his  warrants  on  the  State 
treasury  for  the  amounts  thus  shown  to  be  due, 
payable  out  of  any  money  in  the  treasury  not  other¬ 
wise  appropriated. 

Examination  of  mines.]  (e)  State  inspectors 
shall  devote  their  whole  time  and  attention  to  the 
duties  of  their  respective  offices.  State  inspectors  shall 
make  a  personal  examination  at  least  once  In  every 
six  months,  or  oftener  if  necessary,  of  each  mine  in 
their  district  in  which  ten  or  more  men  are  employed. 
The  State  Mining  Board  also  may  require  State  in¬ 
spectors  personally  to  examine  any  or  all  other  mines 
in  their  respective  districts.  Every  mine  in  the  State 
shall  be  examined  at  least  once  in  every  six  months 
by  either  a  State  or  county  mine  inspector. 

Scope  of  examination.]  (f)  Every  State  inspec¬ 
tor  in  the  regular  inspection  of  mines  shall  measure 
with  an  anemometer  and  determine  the  amount  of  air 
passing  in  the  last  cross-cut  in  each  pair  of  entries  in 
pillar  and  room  mines,  or  in  the  last  room  of  each 
division  in  long  wall  mines.  He  shall  also  measure 
with  an  anemometer  and  determine  the  amount  of  air 
passing  at  the  inlet  and  outlet  of  the  mines;  and  he 


29 


shall  compare  all  such  air  measurements  with  the  last 
report  of  the  mine  examiner  and  the  mine  manager 
upon  the  mine  examination  hook  of  the  mine.  He 
must  observe  that  the  legal  code  of  signals  between 
the  engineer  and  top  man  and  bottom  man  is  estab¬ 
lished  and  conspicuously  posted  for  the  information 
of  all  employees. 

State  inspectors  also  shall  require  that  every 
necessary  precaution  be  taken  to  insure  the  health 
and  safety  of  the  workmen  employed  in  the  mines 
and  that  the  provisions  and  requirements  of  all  the 
mining  laws  of  this  State  are  obeyed. 

State  inspectors  shall  render  written  reports  of 
mine  inspections  made  by  them  to  the  State  Mining 
Board  in  such  form  and  manner  as  shall  be  required 
by  the  board.  State  inspectors  shall  take  prompt 
action  for  the  enforcement  of  the  penalties  provided 
for  violation  of  the  mining  laws. 

Authority  to  enter.]  (g)  It  shall  be  lawful  for 
State  inspectors  to  enter,  examine  and  inspect  any 
and  all  coal  mines  and  the  machinery  belonging 
thereto,  at  all  reasonable  times',  by  day  or  by  night, 
but  so  as  not  to  unreasonably  obstruct  or  hinder  the 
working  of  such  coal  mine,  and  the  operator  of  every 
such  coal  mine  is  hereby  required  to  furnish  all  neces¬ 
sary  facilities  for  making  such  examination  and  in¬ 
spection. 

Procedure  in  case  of  objection.]  (h)  If  any 
operator  shall  refuse  to  permit  such  inspection  or  to 
furnish  the  necessarj^  facilities  for  making  such  ex¬ 
amination  and  inspection,  the  inspector  shall  file  his 
affidavit,  setting  forth  such  refusal,  with  the  judge 
of  the  Circuit  Court  in  said  county  in  which  said 
mine  is  situated,  either  in  term  time  or  vacation,  or, 
in  the  absence  of  said  judge,  with  a  master  in  chan¬ 
cery  in  said  county  in  which  said  mine  is  situated, 
and  obtain  an  order  on  such  owner,  agent  or  operator 
so  refusing  as  aforesaid,  commanding  him  to  permit 
and  furnish  such  necessary  facilities  for  the  inspec- 


30 


tion  of  such  coal  mine,  or  be  adjudged  to  stand  in 
contempt  of  court  and  punished  accordingly. 

Notice  to  be  posted.]  (i)  The  State  inspector 
shall  post  in  some  conspicuous  place  at  the  top  of 
each  mine  inspected  by  him,  a  plain  statement  shoT/- 
ing  what  in  his  judgment  is  necessary  for  the  better 
protection  of  the  lives  and  health  of  persons  employed 
in  such  mine;  such  statement  shall  give  the  date  of 
inspection  and  be  signed  by  the  inspector.  He  shall 
post  a  notice  at  the  landing  used  by  the  men,  stating 
what  number  of  men  will  be  permitted  to  ride  on  the 
cage  at  one  time  and  the  rate  of  speed  at  which  men 
may  be  hoisted  and  lowered  on  the  cages. 

Sealer  of  weights.]  (j)  State  inspectors  are 
hereby  made  ex  officio  sealer  of  weights  and  measures 
in  their  respective  district,  and  as  such  are  empow¬ 
ered  to  test  all  scales  used  to  weigh  coal  at  coal 
mines.  Upon  the  written  request  of  any  mine  owner 
or  operator,  or  of  ten  coal  miners  employed  at  any 
one  mine,  it  shall  be  the  duty  of  the  inspector  to  test 
any  scale  or  scales  at  such  mine  against  which  com¬ 
plaint  is  directed,  and  if  he  shall  find  that  they  or 
any  of  them  do  not  weigh  correctly,  he  shall  call  the 
attention  of  the  mine  owner  or  operator  to  the  fact, 
and  direct  that  said  scale  or  scales  be  at  once  over¬ 
hauled  and  readjusted  so  as  to  indicate  only  true 
and  exact  weights,  and  he  shall  forbid  the  further 
operation  of  such  mine  until  such  scales  are  ad¬ 
justed.  In  the  event*  that  such  tests  shall  conflict 
with  any  test  made  by  any  county  sealer  of  weights, 
or  under  and  by  virtue  of  any  municipal  ordinance 
or  regulation,  then  the  test  by  such  mine  inspector 
shall  prevail. 

Test  weights.]  (k)  For  the  purpose  of  carrying 
out  the  provisions  of  this  Act,  each  State  inspector 
shall  be  furnished  by  the  State  with  a  complete  set 
of  standard  w^eights  suitable  for  testing  the  accuracy 
of  tract  (track)  scales  and  of  all  smaller  scales  at 
mines,  said  test  weights  to  be  paid  for  on  bills  of  par* 


n 


ticulars,  certified  by  the  Secretary  of  State  and  ap¬ 
proved  by  the  Governor.  Such  test  weights  shall  re¬ 
main  in  the  custody  of  the  inspector  for  use  at  any 
point  within  his  district,  and  for  any  amounts  ex¬ 
pended  by  him  for  the  storage,  transportation  or 
handling  of  the  same,  he  shall  be  fully  reimbursed 
upon  making  entry  of  the  proper  items  in  his  expense 
voucher. 

Inspectors’  annual  reports.]  (1)  Each  State  In¬ 
spector  of  Mines  shall,  within  sixty  days  after  June 
30  of  each  year,  prepare  and  forward  to  the  State 
Mining  Board  a  formal  report  of  his  acts  during  the 
year  in  the  discharge  of  his  duties,  with  any  recom- 
m.endations  as  to  legislation  he  may  deem  necessary 
on  the  subject  of  mining,  and  shall  collect  and  tabu¬ 
late  upon  blanks  furnished  by  said  board  all  desired 
statistics  of  mines  and  miners  within  his  district  to 
accompany  said  annual  report. 

Reports  to  be  published.]  (m)  On  the  receipt 
of  said  inspectors’  reports  the  chief  clerk  of  the  State 
Mining  Board  shall  compile  and  summarize  the  same, 
to  be  included  in  the  report  of  said  board,  to  be 
known  as  the  annual  coal  report,  which  shall,  within 
four  months  thereafter,  be  bound,  printed  and  trans¬ 
mitted  to  the  Goernor  for  the  information  of  the 
General  Assembly  and  the  public.  The  printing  and 
binding  of  said  reports  shall  be  provided  for  by  the 
Commissioners  of  State  Contracts  in  like  manner  and 
in  like  numbers  as  they  provide  for  the  publication 
of  other  official  reports  to  the  Governor. 

Reports  by  operator.]  (n)  Every  coal  operator 
shall,  within  thirty  days  after  June  30  of  each  year, 
furnish  to  the  State  Mine  Inspector  of  the  district, 
on  blanks  furnished  by  him  prior  to  said  June  30, 
statistics  of  the  wages  and  conditions  of  their  em¬ 
ployees  as  required  by  law.  The  failure  of  any  in 
spector  to  forward  to  the  State  Mining  Board  his 
formal  report,  as  provided  in  paragraph  one  (1) 
hereof,  or  the  failure  of  any  coal  operator  to  furnish 


3^ 


to  the  State  Mine  Inspector  of  the  district  the  sta¬ 
tistics  provided  for  herein,  shall  be  adjudged  a  mis¬ 
demeanor  and  be  subject  to  a  fine  of  $100.  ^ 

Pay  of  Inspectors.  \ 

§  6.  Repealed  by  implication.  (See  Civil  Admin¬ 
istrative  Code.) 

Maps  and  Plans,  Copies,  Surveys,  Abandoned  Mines, 
Penalty. 

§  7.  (a)  The  operator  of  every  coal  mine  in 
the  State  shall  make,  or  cause  to  be  made,  an  accu¬ 
rate  map  or  plan  of  such  mine,  drawn  to  a  scale  not 
smaller  than  200  feet  to  the  inch.  All  measure¬ 
ments  shall  be  in  feet  and  decimals  of  a  foot.  On 
such  maps  shall  appear  the  name  of  the  State, 
county  and  township  in  which  the  mine  is  located, 
the  designation  of  the  mine,  the  name  of  the  com¬ 
pany  or  owner,  the  certificate  of  the  mining 
engineer  or  surveyor  as  to  the  accuracy  and  date  of 
the  survey,  the  north  point  and  the  scale  to  which  the 
drawing  is  made. 

« 

Surface  survey.]  (b)  Such  map  or  plan  shall 
accurately  show  the  surface  boundary  lines  of  the 
coal  rights  pertaining  to  each  mine,  and  all  sections 
or  quarter-section  lines  or  corners  within  the  same; 
the  lines  of  town  lots  and  streets;  the  tracks  and 
side-tracks  of  all  railroads,  and  the  location  of  all 
wagon  roads,  rivers,  streams,  ponds,  location  and 
depth  of  holes  drilled  for  oil,  gas  or  water  that  pene¬ 
trate  a  workable  coal  seam,  and  the  elevation  above 
the  coal  seam  of  any  stream  or  body  of  water  that 
might  endanger  the  mine. 

Underground  survey.]  (c)  For  the  underground 
workings,  said  maps  shall  show  all  shafts,  slopes, 
tunnels  or  other  openings  to  the  surface  or  to  the 
w^orkings  of  a  contiguous  mine;  all  excavations,  en¬ 
tries,  rooms  and  cross-cuts;  the  location  of  the  fan 
or  furnace  and  the  direction  of  the  air  currents; 


33 


the  location  of  pumps,  hauling  engines,  engine  planes, 
abandoned  works,  fire  walls  and  standing  water;  and 
the  outcrop  line  of  the  seam,  if  any,  on  the  property. 

The  general  outline  of  all  areas  in  which  pillars 
have  been  drawn  shall  be  indicated  on  the  map. 

Each  underground  map  also  shall  show,  in  feet 
and  decimals  thereof,  the  elevation  of  the  floor  of 
the  coal  at  reasonable  intervals  on  the  main  entries 
and  cross  entries  from  the  bottom  of  the  shaft  to 
the  face  of  the  workings;  such  elevations  shall  be 
referred  to  the  floor  of  the  coal  at  the  bottom  of  the 
hoisting  shaft. 

Map  for  every  seam.]  (d)  A  separate  and  simi¬ 
lar  map,  drawn  to  the  same  scale,  shall  be  made  of 
each  and  every  seam,  which,  after  the  passage  of  this 
Act,  shall  be  working  in  any  mine,  and  the  maps  of 
all  such  seams  shall  show  all  shafts,  inclined  planes 
or  other  passageways  connecting  the  same. 

Separate  maps  for  the  surface.]  (e)  A  sep¬ 
arate  map  also  shall  be  made  of  the  surface  when 
ever  the  surface  buildings,  lines  or  objects  are  so 
numerous  as  to  obscure  the  details  of  the  mine  work¬ 
ings  if  drawn  upon  the  same  sheet  with  them,  and  in 
such  case  the  surface  map  shall  be  drawn  on  trans-  * 
parent  cloth  or  paper,  so  that  it  can  be  laid  upon  the 
map  of  the  underground  workings,  and  thus  indicate 
the  relation  of  lines  and  objections  on  the  surface 
to  the  excavations  of  the  mine. 

The  dip.]  (f)  Each  map  shall  also  show  by 
profile  drawing  and  measurements,  in  feet  and  deci¬ 
mals  thereof,  the  rise  and  dip  of  the  seam  from  the 
bottom  of  the  shaft  in  either  direction  to  the  face  of 
the  workings. 

Copies  for  inspectors  and  recorders.]  (g)  The 
original  or  true  copies  of  all  such  maps  shall  be  kept 
in  the  office  at  the  mine,  and  one  true  copy  thereof 
shall  be  furnished  to  the  State  inspector  of  mines  for 
the  district  in  which  said  mine  is  located,  and  one 
shall  be  filed  in  the  office  of  the  recorder  of  the 


34 


county  in  which  the  mine  is  located,  within  thirty 
days  after  the  completion  of  the  same.  The  maps  so 
delivered  to  the  inspector  and  to  the  recorder  shall 
remain  in  the  custody  of  said  inspector  and  recorder 
during  their  respective  terms  of  office,  and  be  deliv¬ 
ered  by  them  to  their  successors  in  office.  They  shall 
be  kept  aat  the  office  of  the  inspector  and  of  the  re¬ 
corder,  and  be  open  to  the  examination  of  all  persons 
interested  in  the  same,  but  such  examination  shall 
be  made  only  in  the  presence  of  the  inspector  or  the 
recorder.,  Neither  the  inspector  nor  the  county 
recorder  shall  permit  any  copies  of  the  same  to  be 
made  without  the  written  consent  of  the  operator  or 
the  owner  of  the  property. 

The  county  recorder  shall  properly  index  such 
map  as  part  of  the  title  record  of  the  property  af¬ 
fected. 

A  copy  of  each  map  and  extensions  to  the  same 
shall  be  furnished  the  mine  rescue  station  commis¬ 
sion  for  use  in  connection  with  rescue  work  only. 

Axxual  Surveys.]  (h)  An  extension  of  the  last 
preceding  survey  of  every  mine  in  active  operation 
shall  be  made  once  in  every  twelve  months  prior  to 
July  1,  of  every  year,  and  the  results  of  said  survey, 
with  the  date  thereof  shall  be  promptly  and  ac¬ 
curately  entered  upon  the  original  maps  and  all 
copies  of  the  same,  so  as  to  show  all  changes  in  plan 
or  new  work  in  the  mine,  and  all  extensions  of  the 
old  workings  to  the  most  advanced  face  or  boundary 
of  said  workings  which  have  been  made  since  the 
last  preceding  survey.  The  State  inspector,  the 
county  recorder  and  the  rescue  station  commission 
shall  be  furnished  with  a  copy  of  the  said  extended 
map  or  of  the  extensions  to  said  map. 

Abandoned  mines.]  (i)  When  any  coal  mine  is 
worked  out  or  is  about  to  be  abandoned  or  indefi¬ 
nitely  closed,  the  operator  of  the  same  shall  make,  or 
cause  to  be  made,  a  final  survey  of  such  mine;  to 
show  the  entire  worked  out  area  when  the  mine  was 


35 


closed,  and  the  results  of  the  same  shall  be  duly  ex¬ 
tended  on  all  maps  of  the  mines  and  copies  thereof 
herein  required  to  be  filed.  The  shaft,  slope  or  drift 
opening  into  any  such  abandoned  mine  shall  be 
^  kept  securely  enclosed. 

Special  survey.]  (j)  The  State  inspector  of 
mines,  or  the’  State  Mining  Board,  may  order  a  sur¬ 
vey  to  be  made  of  the  workings  of  any  mine  in  addi¬ 
tion  to  the  regular  annual  survey,  the  results  to  be 
extended  on  the  maps  of  the  same  and  the  copies 
thereof,  whenever  the  safety  of  the  workmen,  un¬ 
lawful  injury  to  the  surface,  unlawful  encroachment 
upon  adjoining  property,  or  the  safety  of  an  adjoining 
mine  requires  it. 

If  the  State  inspector  of  mines  or  the  State  Min¬ 
ing  Board  shall  believe  any  map  required  by  this 
Act  is  materially  inaccurate  or  imperfect,  the  State 
inspector  or  State  Mining  Board  is  authorized  to 
make,  or  cause  to  be  made,  a  correct  survey  and  ' 
map  at  the  expenses  of  the  operator,  the  cost  re¬ 
coverable  as  for  debt,  provided  if  such  test  surveys 
shows  the  operator’s  map  to  be  correct,  the  State 
shall  be  liable  for  the  expense  incurred,  payable  in 
such  manner  as  other  State  accounts  incurred  by  the 
State  Mining  Board. 

Penalities  for  failure.]  (k)  If  an  operator  of 
any  mine  refuses  or  wilfully  neglects,  for  a  period  of 
three  months,  to  furnish  the  said  State  inspector,  the 
county  recorder  and  the  manager  of  the  rescue  sta¬ 
tions  the  map  or  plan  of  such  mine,  or  a  copy  there¬ 
of,  or  of  the  extension  thereto,  as  provided  for  in  this 
Act,  such  operator  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and  on  conviction  thereof  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars,  in  the  discretion  of  the  court,  and  shall  stand 
committed  to  the  county  jail  until  such  fine  is  paid, 
and,  in  addition  thereto,  the  State  inspector  or  State 
Mining  Board  is  hereby  authorized  to  make,  or  cause 
to  be  made,  an  accurate  map  or  plan  of  such  mine  at 


36 


the  expense  of  the  operator  thereof;  and  the  cost  of 
the  same  may  be  recovered  by  law  from  the  operator 
in  the  same  manner  as  other  debts  by  suit,  in  the 
name  of  the  State  inspector  of  the  the  State  Mining 
Board,  and  for  his  or  its  use,  and  copies  of  the  same 
shall  be  filed  by  him  or  the  board,  one  each  with 
said  recorder  and  Mine  Rescue  Commission. 

linking  shafts  or  slopes — Inspection. 

§  8.  (a)  Any  shaft  or  other  opening  in  process  of 
sinking,  or  driving,  for  the  purpose  of  mining  coal, 
shall  be  subject  to  the  inspection  of  the  State  in¬ 
spector  of  mines  for  the  district  in  which  said  shaft 
or  opening  is  located. 

(b)  Over  every  shaft  that  is  being  sunk  or  shall 
hereafter  be  sunk,  there  shall  be  a  safe  and  sub¬ 
stantial  structure  to  support  sheaves  or  pulley  ropes 
at  a  height  not  less  than  15  feet  above  the  tipping 
place.  The  landing  platform  of  such  shaft  shall  be  so 
arranged  that  material  can  not  fall  into  the  shaft 
while  the  bucket  is  being  emptied  or  taken  from  the 
hoisting  rope.  If  provisions  are  made  to  land  a 
bucket  on  a  truck,  said  truck  and  platform  shall  be 
so  arranged  that  material  can  not  fall  into  the  shaft. 

(c)  Rock  or  coal  shall  not  be  hoisted  except  in  a 
bucket  or  on  a  cage  when  men  are  in  the  bottom  of 
the  shaft;  and  said  bucket  or  cage  must  be  connected 
to  the  hoisting  rope  by  a  safety  hook,  clevis  or  other 
safety  attachment.  The  rope  shall  be  fastened  to  the 
side  of  the  drum  and  not  less  than  three  coils  of  rope 
shall  remain  on  the  drum.  In  shafts  over  100  feet 
in  depth,  suitable  provision  shall  be  made  to  prevent 
the  Ducket  from  swinging  while  being  lowered  or 
hoisted,  and  guides  provided  for  this  purpose  shall  be 
maintained  at  a  distance  of  not  more  than  75  feet 
from  the  bottom  of  the  shaft. 

(d)  An  efficient  brake  shall  be  attached  to  the 
drum  of  the  engine  used  for  hoisting  in  shaft  sinking, 
and  the  drum  shall  be  provided  with  a  flange  on  each 
end  not  less  than  4  inches  in  height 


37 


(e)  Not  more  than  four  persons  shall  be  lowered 
I  or  hoisted  in  or  on  a  basket  in  a  shaft  at  one  time, 
and  no  person  shall  ride  on  a  loaded  bucket. 

(f)  All  blasts  in  shaft  sinking  shall  be  exploded 
by  electric  battery. 

(g)  Provisions  shall  also  be  made  for  the  proper 
ventilation  of  shafts  while  being  sunk. 

(h)  No  one  but  a  certificated  hoisting  engineer 
shall  be  in  charge  of  the  hoisting  engines  while  a 
shaft  is  being  sunk. 

Escapement  Shafts,  etc. 

§  9.  (a)  For  every  coal  mine  in  this  State, 
whether  worked  by  shaft,  slope  or  drift,  there  shall 
be  provided  and  maintained,  in  addition  to  the  hoist¬ 
ing  shaft,  or  other  place  of  delivery,  an  escapement 
shaft  or  opening  to  the  surface,  or  an  underground 
communicating  passageway  with  a  contiguous  mine, 
so  that  there  shall  be  at  least  two  distinct  and  avail¬ 
able  means  of  egress  to  all  persons  employed  in  such 
coal  mines. 

Distant  from  main  shaft.]  (b)  In  mines  sunk 
after  the  passage  of  this  Act,  the  first  escapement 
shaft  shall  be  separated  from  the  main  shaft  by  such 
extent  of  natural  strata  as  may  be  agreed  upon  by 
the  inspector  of  the  district  and  the  owner  of  the 
property,  but  the  distance  between  the  main  shaft 
and  the  escapement  shaft  shall  not  be  less  than  500 
feet  nor  more  than  2,000  feet;  Provided,  that  in  mines 
employing  ten  (10)  men  or  less  the  distance  be¬ 
tween  the  hoisting  shaft  and  the  escapement  shaft 
shall  not  be  less  than  two  hundred  and  fifty  (250) 
feet. 

Unlawful  to  employ  more  than  ten  men.]  (c) 
It  shall  be  unlawful  to  employ  underground,  at  any 
one  time,  more  men  than  in  the  judgment  of  the 
inspector  are  necessary  to  complete  speedily  the  con¬ 
nections  with  the  escapement  shaft  or  adjacent  mine; 
and  said  number  must  not  exceed  ten  men  at  any  one 


1 


3S 


time  for  any  purpose  in  said  mine  until  such  escape¬ 
ment  or  connection  is  completed. 

The  time  allowed  for  completing  such  escape¬ 
ment  shaft  or  making  such  connections  with  an  ad¬ 
jacent  mine,  as  is  required  by  the  terms  of  this  Act, 
shall  be  three  months  for  shafts  200  feet  or  less  in 
depth,  and  six  months  for  shafts  less  than  500  feet 
and  more  than  200  feet,  and  nine  months  for  all 
other  mines,  slopes  or  drifts,  or  connections  with  ad¬ 
jacent  mines.  The  time  to  date  in  all  cases  from  the 
hoisting  of  coal  from  the  hoisting  shaft:  Provided, 
that  in  mines  employing  ten  (10)  men  or  less,  the 
time  for  completing  the  escapment  shaft  shall  not 
be  more  than  six  months  from  the  time  of  hoisting 
coal. 

Stairways  or  cages.]  (d)  The  escapement  shaft 
at  every  mine  opened  after  the  passage 'of  this  Act 
shall  be  equipped  with  a  substantial  stairway,  set  at 
an  angle  not  greater  than  forty-five  degrees,  which 
shall  be  provided  with  hand  rails  and  with  platforms 
or  landings  at  each  turn  of  the  stairway:  Provided, 
that  all  coal  mines  more  than  two  hundred  (200) 
feet  in  depth,  opened  on  or  after  July  1,  1919,  the  es¬ 
capement  shaft  shall  be  equipped  with  both  a  cage 
and  stairway:  Provided,  further,  that  if  the  coal  mine 
is  equipped  with  a  stairway  in  the  main  shaft,  no 
stairway  shall  be  required  in  the  escapement  shaft. 

If  any  escapement  shaft,  at  the  time  of  the  pas¬ 
sage  of  this  Act,  be  equipped  with  a  cage  for  hoisting 
men,  such  shaft,  cage  and  all  equipment  used  in  con¬ 
nection  therewith  must  conform  to  the  requirements 
of  this  Act  in  reference  to  the  hoisting  and  lowering 
of  men. 

Where  an  escapement  way  is  connected  to  a  com¬ 
partment  in  which  coal  is  hoisted  in  such  manner 
that  men  using  the  escapement  way  are  endangered 
by  falling  coal  or  by  themselves  falling  into  such 
hoisting  compartment,  the  State  Mine  Inspector  shall 


39 


have  power  to  order  suitable  protection  against  such 
dangers. 

; 

^  Passageways  to  EscArEMENT.]  (e)  Such  es- 

I  capement  shaft  or  opening  or  communication  with  a. 
y  contiguous  mine  as  aforesaid,  shall  be  constructed  in 
connection  with  every  seam  of  coal  worked  in  such 
mine,  and  all  passageways  communicating  with  the 
escapement  shaft  or  place  of  exit,  from  the  main 
hauling  ways  to  said  place  of  exit,  shall  be  main¬ 
tained  free  of  obstruction  at  least  5  feet  high  and 
5  feet  wide.  Such  passageways  must  be  so  graded 
and  drained  that  it  will  be  impossible  for  water  to 
accumulate  in  any  depression  or  dip  of  the  same  in 
quantities  sufficient  to  obstruct  the  free  and  safe  pas¬ 
sage  of  men.  No  passageway  to  an  escapement  shaft 
shall  pass  through  a  stable.  At  all  points  where  the 
passageway  to  the  escapement  shaft  or  other  place 
of  exit  is  intersected  by  other  roadways  or  entries, 
conspicuous  signboards  she'll  be  placed  indicating  the 
direction  it  is  necessary  to  take  in  order  to  reach  such 
place  of  exit. 

Communications  with  adjacent  mines.]  (f) 
When  operators  of  adjacent  mines  have,  by  agree¬ 
ment,  established  underground  communications  be¬ 
tween  said  mines  as  an  escapement  outlet  for  the 
men  employed  in  both,  the  intervening  doors  shall 
remain  unlocked  and  ready  at  all  times  for  immedi¬ 
ate  use. 

When  such  communication  has  once  been  estab¬ 
lished  between  contiguous  mines,  the  operator  of 
either  shall  not  close  the  same  without  the  consent 
of  the  operator  of  the  contiguous  mine  and  of  the 
State  inspector  for  the  district:  Provided,  that 
when  either  operator  desires  to  abandon  mining  op¬ 
erations  the  expense  and  duty  of  maintaining  such 
communication  shall  devolve  upon  the  party  con¬ 
tinuing  the  operations  and  using  the  same. 


40 


Gates. 

§  10.  (a)  The  upper  and  lower  landing  at  the 
top  of  each  shaft,  and  the  opening  of  each  inter¬ 
mediate  seam  from  or  to  the  shaft,  shall  be  kept  < 
clear  and  free  from  loose  materials,  and  shall  be  pro¬ 
tected  with  automatic  or  other  gates,  such  gates  to  be 
of  good,  serviceable  construction  for  the  purpose  for 
which  they  are  designed,  namely,  to  prevent  either 
men  or  materials  from  falling  into  the  shaft.  At  the 
top  landing  cage  supports,  where  necessary,  must  be 
carefully  set  and  adjusted  so  as  to  securely  hold 
the  cage  when  at  rest. 

Lights  ox  laxdixg.]  (b)  Whenever  the  hoist¬ 
ing  or  lowering  of  men  occurs  before  daylight  or 
after  dark,  or  when  the  landing  at  which  men  take 
or  leave  the  cage  is  at  all  obscured  by  steam  or 
otherwise,  there  must  always  be  maintained  at  such 
landing  a  light  sufficient  to  show  the  landing  and 
surrounding  objects  distinctly.  Likewise,  as  long  as 
there  are  men  underground  in  any  mine  the  operator 
shall  maintain  a  good  and  sufficient  light  at  the  bot¬ 
tom  of  the  shaft  thereof,  so  that  persons  coming  to 
the  bottom  may  clearly  discern  the  cage  and  ob¬ 
jects  in  the  vicinity. 

Hoistixg  equipmext.]  (c)  Every  shaft  in  which 
men  are  hoisted  and  lowered  must  be  equipped  with 
a  cage,  or  cages,  fitted  to  guide-rails  running  from  the 
top  to  the  bottom.  Said  cages  must  be  safely  con¬ 
structed;  they  must  be  furnished  with  sheet-metal 
covers  adequate  to  protect  persons  riding  thereon 
from  falling  objects;  they  must  be  equipped  with 
safety  catches.  Every  cage  on  which  persons  are 
carried  must  be  fitted  with  iron  bars  or  rings  in 
proper  place  and  sufficient  number  to  furnish  a  se¬ 
cure  handhold  for  every  person  permitted  to  ride 
thereon.  There  shall  be  attached  to  every  cage  on 
which  men  are,  or  may  be,  hoisted  or  lowered,  a  horn 
or  other  device  with  which  signals  can  be  given  on 
the  cage.  Hoisting  ropes  when  socketed  at  the  cage 


41 


shall  be  cut  off  and  resocketed  at  least  once  each  six 
months  and  a  notice  shall  be  posted  in  the  engine 
room  giving  the  date  when  the  rope  was  installed 
and  when  resocketed. 

(d)  In  connection  with  every  hoisting  engine 
used  for  hoisting  or  lowering  of  men  there  shall  be 
provided  as  follows: 

Biuke  on  drum.]  (1)  A  good  and  sufficient  brake 
on  the  drum,  so  adjusted  that  it  may  be  operated 
by  the  engineer  without  leaving  his  post  at  the  levers. 

Flanges.]  (2)  Flanges  attached  to  the  sides  of 
the  drum,  with  a  distance  when  the  whole  rope  is 
wound  on  the  drum  of  not  less  than  4  inches  between 
the  outer  layer  of  rope  and  the  greatest  diameter  of 
the  flange. 

Rope  fastenings.]  (3)  One  end  of  each  hoisting 
rope  shall  be  well  secured  on  the  drum,  and  at  least 
three  laps  of  the  same  shall  remain  on  the  drum 
when  the  cage  is  at  rest  at  the  lowest  caging  place 
in  the  shaft. 

The  lower  end  of  each  rope  shall  be  securely 
fastened  to  the  cage,  by  suitable  sockets  and  chains. 

Indicator.]  (4)  An  index  dial  or  indicator  that 
plainly  shows  the  engineer  at  all  times  the  true  po¬ 
sition  of  the  cages  in  the  shaft. 

Signals.]  (e)  At  every  mine  when  men  are 
hoisted  and  lowered  by  machinery  there  shall  be  pro¬ 
vided  means  of  signaling  to  and  from  the  bottom 
man,  the  top  man  and  the  engineer.  The  signal 
system  shall  consist  of  a  tube,  or  tubes,  or  wire  en¬ 
cased  in  wood  or  iron  pipes,  through  which  signals 
shall  be  communicated  by  electricity,  compressed 
air  or  other  pneumonia  devices,  or  by  ringing  a  bell. 
When  compressed  air  or  other  pnuematic  devices  are 
used  for  signalling,  provision  must  be  made  to  pre¬ 
vent  signal  from  repeating  or  reversing.  The  fol¬ 
lowing  signals  shall  be  used  at  mines  where  signals 
are  required: 


42 


From  the  bottom  to  the  top:  One  ring  or  whis¬ 
tle  shall  signify  to  hoist  coal  or  the  empty  cage,  and 
also  to  stop  either  when  in  motion. 

Two  rings  or  whistles  shall  signify  to  lower 
cage. 

Three  rings  or  whistles  shall  signify  that  men 
are  coming  up  or  going  down;  when  return  signal  is 
received  from  the  engineer  the  men  shall  get  on  the 
cage  and  the  proper  signal  to  hoist  or  lower  shall 
be  given. 

Four  rings  or  whistles  shall  signify  to  hoist 
slowly,  implying  danger. 

Five  rings  or  whistles  shall  signify  accident  in 
the  mine  and  a  call  for  a  stretcher. 

Six  rings  or  whistles  shall  signify  hold  cage  per¬ 
fectly  still  until  signaled  otherwise. 

From  top  to  bottom,  one  ring  or  whistle  shall 
signify:  All  ready,  get  on  cage. 

Two  rings  or  whistles  shall  signify:  Send  away 
empty  cage. 

Provided,  that  the  operator  of  any  mine  may, 
with  the  consent  of  the  inspector,  add  to  this  code 
of  signals  in  his  discretion.  The  code  of  signals  in 
use  at  any  mine  shall  be  conspicuously  posted  at  the 
top  and  at  the  bottom  of  the  shaft,  and  the  engine 
room  at  some  point  in  fromt  of  the  engineer  v/hen 
standing  at  his  post. 

Gauge.]  (f)  Every  boiler  shall  be  provided  with 
a  glass  water  gauge  and  not  less  than  three  try  cocks 
and  also  a  steam  gauge,  except  that  where  two  or  more 
boilers  are  equipped  with  a  steam  drum  properly 
connected  with  the  boilers  to  indicate  the  steam  pres¬ 
sure  and  without  any  valves  between  said  boilers 
and  the  steam  drum,  the  steam  gauge  may  be  placed 
in  said  steam  drum;  and  other  steam  gauge  shall  be 
attached  to  the  steam  pipe  in  the  engine  house,  each 
to  be  placed  in  such  a  position  that  the  engineer  and 
the  fireman  can  readily  see  what  pressure  is  being 
carried.  Such  steam  gauges  shall  be  kept  in  good 


43 


order  and  adjusted  and  be  tested  as  often,  at  least, 
as  every  six  months. 

Headeklines.]  (g)  On  boilers  connected  with  one 
another  by  what  is  known  as  headerlines,  all  valve 
connections  thereto  shall  be  closed  and  securely 
fastened  while  said  boiler  or  boilers  are  being 
washed,  cleaned  or  repaired  for  the  protection  of 
the  person  so  engaged. 

Safety  val\tes.]  (h)  Every  boiler  shall  be  pro¬ 
vided  with  a  safety  valve  with  weights  or  springs 
properly  adjusted,  except  that  where  two  or  more 
boilers  are  equipped  with  a  steam  drum  properly 
connected  with  the  boilers  to  indicate  the  steam  pres¬ 
sure  and  without  any  valves  between  said  boilers  and 
the  steam  drum,  the  safety  valve  may  be  placed  in 
said  steam  drum. 

Inspection  of  boilers.]  (i)  All  boilers  used  in 
generating  steam  in  and  about  coal  mines  or  sinking 
shafts  shall  be  kept  in  good  order,  and  the  operator 
of  every  coal  mine  where  steam  boilers  are  in  use 
shall  have  said  boilers  thoroughly  examined  and  in¬ 
spected  by  a  competent  boilermaker  or  other  quali¬ 
fied  person,  not  an  employee  of  said  operator,  as 
often  as  once  in  every  six  months,  and  oftener  if  the 
mine  inspector  shall  so  require  in  writing,  and  the 
result  of  every  such  inspection  shall  be  reported  on 
suitable  blanks  to  said  mine  inspector. 

Run-around  at  bottozm.]  (j)  At  every  under¬ 
ground  landing  where  men  enter  or  leave  the  cage 
and  where  men  must  pass  from  one  side  of  the  cage 
to  the  other  there  shall  be  a  safe  passageway,  free 
from  obstruction  and  dry  as  possible,  around  the 
shaft  not  less  than  three  feet  wide  for  the  use  of 
men  only;  and  animals  or  cars  shall  not  be  taken 
through  such  passageway  while  men  are  passing  or 
desirous  of  passing  through  such  passageway. 

Refuge  place  on  shaft  bottom.]  (k)  A  refuge 
place  or  places  for  men  coming  out  at  the  close  of 
the  day’s  work  shall  be  provided  off  the  main  bottom 


44 


of  cageroom  in  shaft  mines,  at  a  place  or  places 
and  of  such  size  as  shall  be  approved  by  the  State 
Mine  inspector.  Such  place  or  places  shall  be  not 
more  than  400  feet  from  the  shaft,  where  men  are 
hoisted,  and  shall  be  kept  free  from  loose  material. 
When  leaving  such  refuge  places  to  be  hoisted  out, 
the  men  shall  be  governed  by  the  rules  of  the  mine. 

Obstructions  in  shaft.]  (1)  No  accumulation 
of  ice  or  obstructions  of  any  kind  shall  be  permitted 
in  any  shaft  in  which  men  are  hoisted  or  lowered; 
nor  shall  any  dangerous  gases  or  steam  be  dis¬ 
charged  into  said  shaft  in  such  quantities  or  at  such 
times  as  to  interfere  with  the  safe  passage  of  men. 
All  surface  or  other  water  which  flows  therein  shall 
be  conducted  by  rings  or  otherwise  to  receptacles 
provided  for  the  same  in  such  manner  as  to  prevent 
water  from  falling  upon  men  while  passing  into  or 
out  of  the  mine  or  while  in  the  discharge  of  their 
duties  about  the  shaft  bottom. 

Inspection.]  (m)  All  shafts  by  which  men  enter 
or  leave  the  mine,  and  the  passageways  leading 
thereto,  or  to  the  works  of  a  contiguous  mine  used  as 
an  escapement  shaft  shall  be  carefully  examined 
throughout  at  least  once  each  week  that  the  mine  is 
operating  and  the  date  and  flndings  of  such  an 
examination  entered  promptly  in  the  books  kept  at 
the  mine  for  that  purpose.  A  daily  visit  to  the  bot¬ 
tom  of  all  such  escapement  shafts  shall  be  made  by 
the  mine  examiner,  and  if  obstructions  to  the  free 
passage  of  men  are  found,  their  location  and  na¬ 
ture  shall  be  stated  in  such  report.  Such  obstruc¬ 
tions  shall  be  promptly  removed. 

Buildings,  Explosives,  Engine  and  Boiler  House. 

§  11.  (a)  After  the  passage  of  this  Act,  all  build¬ 
ings  and  structures  erected  over  a  shaft,  slope  or 
drift  mouth,  and  within  one  hundred  (100)  feet  of 
the  same  shall  be  of  metal,  rock,  clay,  cement,  clay 
or  cement  products,  or  a  combination  of  the  same. 


45 


All  fan  houses,  tops  of  air  and  escape  shafts  and  fan 
)  drifts  shall  also  be  constructed  of  the  above  men¬ 
tioned  materials  or  a  combination  thereof.  In  con- 
^  nection  with  above  construction,  wood  may  be  used 
only  for  floors,  windows,  doors,  or  the  frames  for 
the  same:  Provided,  that  this  paragraph  shall  not 
apply  to  mines  employing  ten  (10)  men  or  less. 

Oil  and  other  explosives.]  (b)  No  oils  or  sim¬ 
ilarly  inflammable  materials  shall  be  stored  within 
one  hundred  (100)  feet  of  any  hoisting  or  escapement 
shaft,  nor  in  any  mine. 

All  lubricating  oil  used  in  coal  mines  shall  be 
contained  in  closed  receptacles.  In  the  mine,  oil  shall 
not  be  heated  over  a  Are  or  lamp. 

All  explosive  material  shall  be  stored  in  a  fire¬ 
proof  magazine  located  on  the  surface  not  less  than 
500  feet  from  all  other  buildings  in  connection  with 
the  mine,  and  such  magaz-ine  shall  be  so  placed  as 
not  to  jeopardize  the  free  and  safe  exit  of  men  from 
the  mine  in  case  of  an  explosion  at  the  magazine. 

Engine  and  boiler-house.]  (c)  Any  building 
erected  after  the  passage  of  this  Act,  for  the  pur¬ 
pose  of  housing  the  hoisting  engine  or  boilers  at  any 
mine,  shall  be  substantially  fireproof,  and  no  boiler- 
house  shall  be  nearer  than  sixty  feet  to  the  main 
shaft  or  other  opening,  or  to  any  building  or  in¬ 
flammable  structure  connecting  therewith. 

Top  and  Bottom  Man,  Cages,  Speed  'Regulations, 

Exists. 

§  12.  (a)  At  every  shaft  where  men  are  hoisted 
or  lowered  by  machinery,  the  operator  shall  station 
at  the  top  and  at  the  bottom  of  such  shaft  a  competent 
man  who  shall  be  and  is  hereby  charged  with  the 
duty  of  attending  to  signals,  and  is  empowered  to 
preserve  order  and  enforce  the  rules  governing  the 
carriage  of  men  on  cages.  Said  top  man  and  bottom 
man  shall  be  at  their  respective  posts  of  duty  at 
least  half  an  hour  before  the  hoisting  of  coal  begins 


46 


in  the  morning,  and  remain  for  half  an  hour  after 
the  hoisting  ceases  for  the  day. 

Speed  of  cages  axd  other  regulations.]  (b) 
Cages  on  which  men  are  riding  shall  not  be  lifted  nor 
low^ered  at  a  rate  of  speed  greater  than  six  hundred 
feet  per  minute,  except  with  the  written  consent  of 
the  inspector.  Xo  person  shall  carry  any  tools,  tim¬ 
ber  or  other  materials  with  him  on  any  cage  in 
motion,  except  for  use  in  repairing  the  shaft,  and  no 
one  shall  ride  on  a  cage  containing  either  a  loaded  or 
empty  car.  No  cage  having  an  unstable  or  self¬ 
dumping  platform  shall  be  used  for  the  carriage  of 
men  or  materials,  unless  the  same  is  provided  with 
some  device  by  which  said  platform  can  be  securely 
locked,  and  unless  it  is  so  locked  w^henever  men  or 
materials  are  being  conveyed  thereon.  No  coal  shall 
be  hoisted  in  any  shaft  while  men  are  being  lowered 
therein. 

Rights  of  men  to  come  out.]  (c)  Whenever  men 
who  have  finished  their  day’s  work,  or  have  been 
prevented  from  further  work,  shall  come  to  the  bot¬ 
tom  to  be  hoisted  out  an  empty  cage  shall  be  given 
them  for  that  purpose,  unless  there  is  an  available 
exit  by  slope  or  stairway  in  an  escapement  shaft,  and 
providing  there  is  no  coal  at  the  bottom  ready  to  be 
hoisted.  In  case  of  injury  or  'bona  fide  illness,  a  man 
shall  be  given  a  cage  at  once. 

Safety  Lamps,  Regulations. 

§  13.  (a)  At  every  .mine  in  this  State,  the  opera¬ 
tor  shall  provide  and  keep  in  condition  for  use  not 
less  than  two  safety  lamps  and  shall  provide  and 
keep  as  many  more  as  may  be  required  in  writing 
by  the  State  mine  inspector.  Davy  lamps  shall  not 
be  used  for  any  purpose  except  testing. 

(b)  All  safety  lamps  shall  be  the  property  of  the 
operator  and  when  not  in  use  shall  remain  in  the 
custody  of  the  mine  manager  or  other  competent  per¬ 
son  designated  by  him,  who  shall  clean,  fill,  trim. 


47 


examine  and  deliver  same  locked  and  in  safe  condi¬ 
tion  to  the  men  when  they  enter  the  mine,  or  at  some 
underground  station  designated  by  the  mine  manager 
for  that  purpose.  He  shall  also  receive  the  lamps 
from  the  men  when  they  leave  the  mine  or  as  they 
pass  the  underground  lamp  station  at  the  end  of 
their  shift. 

The  persons  to  whom  lamps  are  thus  given  shall 
be  responsible  for  the  condition  and  proper  use  of 
the  safety  lamps  while  in  their  possession,  and  their 
return  to  the  lamp  station. 

No  safety  lamps  shall  be  given  to  any  person  for 
use  in  a  mine  nor  shall  any  person  use  a  safety  lamp 
in  a  mine  until  said  person  has  given  evidence  satis¬ 
factory  to  the  mine  manager  that  he  understands  the 
proper  use  thereof  and  the  danger  of  tampering  with 
the  same. 

(c)  No  person  except  one  duly  authorized  by  the 
mine  manager  shall  have  in  his  possession  in  any 
part  of  the  mine  where  locked  safety  lamps  are 
used,  any  matches  or  other  means  of  producing  fire, 
or  ,any  lamp-key  or  other  instrument  usable  for  the 
opening  of  a  locked  safety  lamp.  Any  person  vio¬ 
lating  the  provisions  of  this  section  shall  be  guilty 
of  a  misdemeanor  and  punishable  as  hereinafter 
provided  relating  to  misdemeanors  under  this  Act. 

(d)  Electric  lamps  which  will  not  ignite  ex¬ 
plosive  gases  may  be  used  instead  of  safety  lamps  for 
purposes  for  which  safety  lamps  are  required  in  this 
Act  except  for  testing  for  explosive  gas. 

Ventilation.  §  14.  (a)  At  every  coal  mine  there 
shall  be  provided,  supplied  and  maintained  an 
amount  of  air  which  shall  not  be  less  than  on«  hun¬ 
dred  (100)  cubic  feet  per  minute  for  each  person,  and 
not  less  than  five  hundred  (500)  cubic  feet  per  min¬ 
ute  for  each  animal  in  the  mine,  measured  at  the 
foot  of  the  downcast  and  of  the  upcast;  except  that 
in  gaseous  mine  there  shall  be  not  less  than  one 
hundred  and  fifty  (150)  cubic  feet  of  air  per  min- 


48 


ute  for  each  person  in  the  mine.  The  inspector  shall 
have  power  by  order  in  writing  to  require  these 
quantities  to  be  increased. 

(b)  The  main  current  of  air  shall  be  so  split  or 
subdivided  as  to  give  a  separate  current  or  reason¬ 
ably  pure  air  to  every  100  men  at  work,  and  the 
inspector  shall  have  authority  to  order,  in  writing, 
separate  currents  for  smaller  groups  of  men,  if,  in 
his  judgment,  special  conditions  render  it  necessary. 

(c)  Doors,  curtains  or  brattices  shall  be  placed 
at  such  places  as  may  be  designated  by  the  mine  man¬ 
ager,  subject  to  the  approval  of  the  State  Inspector, 
to  conduct  into  the  working  places  an  amount  of  air 
sufficient  to  render  the  working  places  reasonably 
free  from  deleterious  air  of  every  kind. 

(d)  Away  from  the  pillar  for  the  mine  bottom, 
cross-cuts  between  entries  shall  be  made  not  more 
than  sixty  feet  apart  without  permission  of  the  State 
Inspector  of  the  district  and  then  only  in  case  of 
“faults.”  When  such  consent  is  given,  brattice  or 
other  means  must  be  provided  within  sixty  feet  of 
the  face  to  convey  the  air  to  the  working  places  until 
a  cross-cut  is  opened  up. 

When  undercut  or  sheared,  the  entry,  cross-cut 
and  room-neck  may  be  advanced  concurrently,  but  not 
more  than  one  cutting  shall  be  shot  in  the  room- 
neck  until  the  cross-cut  is  finished;  and  after  the  en¬ 
try  has  advanced  fifteen  feet  beyond  the  location  of 
the  new  cross-cut,  only  one  shot  shall  be  fired  in 
the  entry  to  two  in  either  or  both  the  cross-cut  and 
room-neck  at  the  same  shooting  time. 

When  not  undercut  or  sheared,  the  entry  and 
cross-cut  may  be  advanced  concurrently,  but  no  room 
shall  be  opened  in  advance  of  the  last  open  cross¬ 
cut,  and  after  the  entry  has  advanced  fifteen  feet  be¬ 
yond  the  location  of  a  new  cross-cut  only  one  shot 
shall  be  fired  in  the  entry  to  two  in  the  cross-cut  at 
the  same  shooting  time. 


49 


Not  more  than  three  shots  shall  be  exploded  at 
one  shooting  time  ahead  of  the  last  open  cross-cut. 

j  (e)  After  the  taking  effect  of  this  Act,  the  first 
cro‘ss-cut  between  all  rooms  off  any  entry  shall  not  be 
more  than  sixty  (60)  feet  from  the  rib  of  the  entry. 
Additional  cross-cuts  shall  not  be  more  than  sixty 
(60)  feet  apart:  Provided,  however,  that  if  in  any 
mine  the  conditions  are  such  that  in  the  judgment  of 
the  duly  accredited  representative  of  the  department 
of  mines  and  minerals,  expressed  in  writing,  it  is 
considered  equally  safe  and  more  advantageous  to 
leave  a  blind  pillar  between  not  less  than  every  three 
rooms,  the  department  of  mines  and  minerals  shall 
have  power  to  grant  the  authority  to  leave  said  pillar 
subject  to  review  by  the  department  of  mines  and 
minerals  on  formal  complaint  of  the  representative 
of  either  party  in  interest  and  after  an  open  hearing. 

(f)  All  cross-cuts  connecting  inlet  and  outlet  air 
courses,  except  the  last  one  nearest  the  face,  shall  be 
closed  v/ith  substantial  stoppings  to  be  made  as 
nearly  air-tight  as  possible.  In  the  making  of  the 
air-tight  partitions  or  stoppings,  no  loose  material  or 
refuse  shall  be  used. 

Cross-cuts  between  rooms,  except  the  one  nearest 
the  face,  shall  be  closed  sufficiently  to  carry  to  the 
working  places  the  amount  of  air  required  by  law. 

(g)  All  possible  care  and  diligence  shall  be  ex¬ 
ercised  in  the  examination  of  working  places,  es¬ 
pecially  for  the  investigation  and  detection  of  ex-  . 
plosive  gases  therein,  and  where  found,  such  gas  shall 
be  removed  by  a  special  current  of  air  produced  by 
bratticing  or  from  a  pipe,  before  men  are  permitted 
to  work  in  such  places  with  other  lights  than  safety 
lamps. 

(h)  If,  in  any  mine,  the  conditions  are  such  that 
in  the  judment  of  the  mine  manager  or  the  judg¬ 
ment  of  the  State  Mine  Inspector  expressed  in  writ¬ 
ing,  it  is  necessary  to  use  safety  lamps  only  in  work¬ 
ing  said  mine,  other  lights  shall  not  be  used  therein: 


50 


Provided,  however,  that  if  in  the  opinion  of  the  min¬ 
ers  or  operators,  an  injustice  has  been  done  by  or¬ 
dering  said  mine  to  use  safety  lamps  only,  the  min¬ 
ers  or  operators  have  a  right  to  appeal  to  the  De¬ 
partment  of  Mines  and  Minerals,  its  decision  in  the 
case  to  be  final. 

(i)  The  air  from  the  outlet  of  the  stable  shall 
not  pass  into  the  intake  air  current  used  for  ven¬ 
tilating  the  working  parts  of  the  mine. 

(j)  All  doors  in  mines,  used  in  guiding  and 
directing  the  ventilating  currents  shall  be  hung  and 
adjusted  so  as  to  close  automatically. 

(k)  At  all  doors  through  which  three  or  more 
drivers  are  hauling  coal  on  any  one  shift,  an  attend¬ 
ant  shall  be  employed  on  said  shaft  [shift]  for  the 
purpose  of  opening  and  closing  said  doors  when  trips 
of  cars  are  passing  to  and  from  the  wrokings:  Pro- 
vided,  the  mine  inspector  in  case  of  specially  dan¬ 
gerous  conditions,  shall  have  power  to  require  in 
wuuting  that  an  attendant  be  placed  at  doors  through 
which  less  than  three  drivers  shall  pass.  Places  for 
shelter  shall  be  provided  at  such  doorways  to  protect 
the  attendants  from  being  injured  by  the  cars  w^hile 
attending  to  their  duties:  Provided,  that  in  any  or 
all  mdnes,  where  doors  are  constructed  in  such  a 
manner  as  to  open  and  close  automatically,  attend¬ 
ants  and  places  for  shelter  shall  not  be  required. 

(l)  If  the  inspector  shall  find  men  working  with¬ 
out  the  amount  of  air  required  by  law,  he  shall  at 
once  notify  the  mine  manager  to  increase  the  amount 
of  air  in  accordance  with  the  law.  Upon  the  failure 
or  refusal  of  the  manager  to  act  promptly,  and  in  all 
cases  where  men  are  endangered  by  such  lack  of  air, 
the  inspector  shall  at  once  order  the  men  affected  out 
cf  the  mine. 

(m)  In  case  the  passageways,  roadways  or  en¬ 
tries  of  any  mine  are  so  dry  that  the  air  becomes 
charged  with  dust,  the  operator  of  such  mine  must 


51 


have  such  roadways  regularly  and  thoroughly 
sprayed,  sprinkled  or  cleaned. 

(n)  At  all  mines  employing  over  one  huundred 
(100)  men  underground  and  in  all  mines  generating 
fire  damp,  the  ventilating  fan  shall  be  run  both  day 
and  night;  at  all  mines  employing  less  than  one  hun¬ 
dred  (100)  men  underground,  the  fan  shall  be  run 
at  its  usual  speed  for  six  (6)  hours  before  men  go 
into  the  mine  to  work.  A  recording  pressure  gauge 
shall  be  maintained  in  connection  with  each  fan  at 
all  times:  Provided,  nothing  in  this  clause  shall  apply 
to  mines  employing  ten  men  or  less. 

(o)  In  all  mines  where  closed  electric  lamps 
are  used  exclusively,  a  sufficient  number  of  prac¬ 
tical,  experienced  miners  shall  be  employed  by  the 
company,  whose  duty  it  shall  be  to  examine  the 
mine  for  obnoxious  or  inflammable  gases  while  men 
are  working  therein;  and,  fiirtUer  provided,  that  the 
mine  shall  be  examined  by  a  competent  person  with 
a  safety  gas  testing  lamp  on  idle  days,  holidays  and 
Sundays  preceding  the  time  the  night  shift  goes  on 
duty. 

Refuge  Places,  Power  Haulage  and  Mule  Roads, 

Room-Necks,  Goh  Oh  struct  ions. 

§  15.  (a)  On  all  single-track  haulage  roads  where 
hauling  is  done  by  machinery,  which  roads  the  per¬ 
sons  employed  in  the  mine  must  use  while  perform¬ 
ing  their  work  or  travel  on  foot  to  and  from  their 
work,  there  shall  be  places  of  refuge  on  one  side  not 
less  than  3  feet  in  depth  from  the  side  of  the  car,  and 
not  less  than  4  feet  long  and  5  feet  in  height  and  not 
more  than  60  feet  apart.  On  all  such  roads  con¬ 
structed  after  the  passage  of  this  Act,  the  refuse 
’[refuge]  places  shall  be  placed  on  the  opposite  side 
from  the  electric  power  wire.  On  rope-haulage  roads, 
means  of  signaling  shall  be  established  between  the 
haulage  engineer  and  all  points  on  the  road.  A  con¬ 
spicuous  light  shall  be  carried  on  the  front,  and  a 


52 


gong,  conspicuous  red  light  or  white  signal  board  on 
the  rear  of  every  trip  or  train  of  pit  cars  moved  by 
machinery. 

Refuge  places — mule  roads.]  (b)  On  all  haul¬ 
age  roads  on  which  the  hauling  is  done  by  draft  ani¬ 
mals,  whereon  men  are  obliged  to  be  in  the  perform¬ 
ance  of  their  duties  or  have  to  pass  to  and  from  their 
work,  there  shall  be  places  of  refuge  not  less  than 
2]4  feet  in  width  from  the  side  of  the  car,  and  not 
less  than  4  feet  long  and  5  feet  in  height  and  not 
more  than  60  feet  apart. 

Room-necks  as  refuge  places.]  (c)  Refuge 
places  shall  not  be  required  in  entries  on  which  room- 
necks  at  regular  intervals  not  exceeding  60  feet  fur¬ 
nish  the  required  refuge  places. 

Keeping  refuge  places  clear.]  (d)  All  places 
of  refuge  must  be  kept  clear  of  obstructions  and  no 
material  shall  be  stored  nor  be  allowed  to  accumu¬ 
late  therein.  They  shall  also  be  whitewashed  not 
less  than  once  in  six  months. 

Gob  on  haulage  roads.]  (e)  One  side  of  all  haul¬ 
age  roads  shall  be  kept  clear  of  refuse  or  materials, 
except  timbering,  unless  the  rib  or  timbering  on  such 
side  shall  be  2%  feet  or  more  from  the  rail,  but  in 
such  case  materials  or  refuse  shall  not  be  permitted 
within  2%  feet  of  the  rail. 

Cars.  §  16.  (a)  When  there  is  an  open  hook 

coupling  on  either  end  of  the  car,  the  hook  and  links 
must  be  attached  so  that  when  hanging  down,  the 
coupling  will  be  clear  of  the  ties  and  rails. 

Mine  cars  in  use  when  this  Act  shall  become  in 
force  and  effect  shall  be  made  to  comply  with  this 
provision  within  one  year  thereafter. 

(b)  In  mines  opened  after  the  passage  of  this 
Act,  all  mine  cars  shall  be  equipped  with  a  bumper 
or  bumpers  on  each  end,  which  shall  project  from 
beyond  the  end  of  the  car  not  less  than  four  inches 


53 


in  length.  This  shall  not  be  held  to  apply  to  mines 
employing  ten  men  or  less. 

§  17.  Repealed. 

Oil  standards,  Brands,  Sampling  and  Testing, 

Penalty. 

§  18.  All  illuminating  oils  or  other  illuminants 
used  in  coal  mines  shall  conform  to  such  specifica¬ 
tions  as  shall  be  prescribed  by  the  S^te  Mining 
Board. 

Brands  of  oil.]  (b)  All  oils  sold  or  offered  for 
sale  to  be  used  for  illuminating  purposes  in  coal 
mines  shall  be  stamped  or  branded  upon  the  original 
barrel  or  package  in  which  said  oil  is  furnished  to 
the  person,  firm  or  corporation  selling  or  furnishing 
such  oil  to  show  that  such  oil  has  been  tested  and 
found  to  conform  to  the  specifications  prescribed  by 
the  State  Mining  Board. 

Penalty.]  (c)  Any  person,  firm,  or  corpora¬ 
tion,  either  by  themselves,  agents  or  employees,  sell¬ 
ing  or  offering  to  sell  for  illuminating  purposes  in 
any  mine  in  this  State  any  oil  not  complying  with 
the  specifications  of  the  State  Mining  Board  as  suit¬ 
able  for  illuminating  purposes  as  contemplated  in 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  twenty-five  dollars,  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense;  and  any  mine  owner 
or  operator  or  employee  of  such  owner  or  operator 
who  shall  knowingly  use,  or  any  mine  operator  who 
shall  knowingly  permit  to  be  used,  for  illuminating 
purposes  in  any  mine  in  this  State  any  oil,  the  use 
of  which  is  forbidden  by  this  Act,  shall  be  guilty 
of  a  misdemeanor,  and  shall  be  fined  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars. 

Samples  and  testing.]  (d)  The  State  mine  in¬ 
spectors  shall  have  authority  to  sample  all  oil  used 
for  illuihinating  purposes  in  the  mines  of  this  State, 
or  kept  on  hand  for  use  or  for  sale  at  such  mines. 


1 


54 

and  for  such  purpose  they  may  enter  upon  the 
premises  of  any  person.  It  shall  be  their  duty  to  send 
to  the  State  Mining  Board  to  be  tested  a  sample  of 
any  oil  they  have  reason  to  suspect  does  not  comply 
with  the  specifications  of  the  State  Mining  Board  in 
regard  to  illuminating  oil  for  use  in  mines;  and  if 
the  said  sample  of  oil  is  found  after  suitable  tests 
not  to  comply  with  the  provisions  of  this  Act,  the  • 
person  using  said  oil  or  selling  or  offering  the  same 
for  sale,  shall  be  prosecuted  in  accordance  with  the 
provisions  of  this  Act. 

Powder,  Keeping,  Handling  and  Fii'ing ;  Standard 

Charger;  Dead  Holes,  Tamping,  Warning. 

§  19.  (a)  Xo  blasting  powder,  or  other  explos¬ 
ives,  shall  be  stored  in  any  coal  mine,  and  no  work¬ 
man  shall  have  at  any  time  in  the  mine  more  than 
thirty-five  pounds  of  black  powder  nor  more  than 
twenty-five  pounds  of  permissible  explosives,  nor 
more  than  three  pounds  of  other  high  explosives: 
Provided,  that  nothing  in  this  section  shall  be  con¬ 
strued  to  prevent  the  operator  of  any  mine  from  tak¬ 
ing  into  the  mine,  when  miners  are  not  therein,  and 
in  electrically  equipped  mines,  while  the  current  is 
turned  off  on  roadways  through  which  it  is  trans¬ 
ported,  a  sufficient  quantity  of  powder  for  the  reason¬ 
able  requirements  of  such  mine  for  the  next  suc¬ 
ceeding  wmrking  day.  The  delivery  of  powder  into 
coal  mines  shall  be  during  the  interval  after  the  shot 
firers  have  come  out  of  the  mine  and  prior  to  the 
entry  of  the  day  shift  into  the  mine  in  the  morning; 
but  in  the  interim  before  such  powder  is  delivered 
to  the  men,  it  shall  be  kept  in  a  closed  receptacle. 

Explosives  shall  not  be  carried  in  the  same  car 
with  tools  or  other  materials. 

Place  axd  maxxer  of  keeping  in  the  mine.] 
(b)  ,very  person  who  has  powder  or  other  explosives 
in  a  mine  shall  keep  the  same  in  a  wooden  box 
securely  locked,  with  hinged  lid,  and  said  box  shall 


I 

55 

be  kept  as  far  as  practicable  from  the  track;  and  all 
powder  boxes  shall  be  kept  as  far  as  practicable 
,  from  each  other  and  each  in  a  scheduled  place.  Black 
powder  and  high  explosives  or  caps  shall  not  be  kept 
in  .he  same  box.  Detonating  explosives  and  detona¬ 
tors  shall  not  be  kept  in  the  same  box. 

,  Manner  of  handling.]  (c)  Whenever  a  work¬ 
man  is  about  to  open  a  box  or  keg  containing  powder 
or  other  explosives,  and  while  handling  the  same,  he 
shall  place  and  keep  his  lamp  at  least  five  feet  dis¬ 
tant  from  said  explosive,  and  in  such  position  that 
the  air  current  can  not  convey  sparks  to  it,  and  no 
person  shall  approach  nearer  than  five  feet  to  any 
open  box  containing  an  open  keg  of  powder  or  other 
explosive  with  a  lighted  lamp,  lighted  pipe  or  other 
thing  containing  fire.  No  miner,  workman  or  other 
person  shall  open  any  receptacle  containing  an  ex¬ 
plosive  except  by  the  means  of  opening  the  same 
provided  by  the  manufacturer  thereof,  and  it  shall 
►  be  unlawful  for  any  person  to  have  in  his  possession 
in  any  mine  any  receptacle  containing  explosive 
which  has  been  opened  in  violation  of  this  Act. 

Quantity  of  powder  in  one  charge.]  (d)  The 
quantity  of  powder  to  be  used  in  the  preparation  of 
shots  shall  not,  in  any  case,  exceed  five  (5)  standard 
charges  full  of  powder  in  coal  seams  five  and  one- 
half  (5^/^)  feet  or  over  in  thickness;  and  shall  not,  in 
any  case,  exceed  four  (4)  standard  charges  full  of 
powder  in  coal  seams  under  five  and  one-half  (5%) 
feet  in  thickness. 

Standard  charger.]  (e)  For  the  purpose  of  de¬ 
termining  the  quantity  of  powder  to  be  used  in  the 
preparation  of  any  given  shot,  a  standard  charger  is 
5-  defined  and  prescribed  to  be  a  cylindrical  metallic 
charger  not  to  exceed  twelve  (12)  inches  in  length 
and  not  to  exceed  one  and  one-half  (1]4)  inches  in 
diam^eter. 

'  Dead  holes.]  (f)  No  person  shall  drill  or  shoot 
a  dead  hole  as  hereinafter  defined.  A  “dead  hole”  is 


50 


a  hole  where  the  width  of  the  shot  at  the  point 
measured  at  right  angles  to  the  line  of  the  hole  is  so 
great  that  the  heel  is  not  of  sufficient  strength  to  at 
least  balance  the  resistance  at  the  point.  The  heel 
means  that  part  of  the  shot  which  lies  outside  of  iLe 
powder. 

In  solid  shooting,  the  width  of  the  shot  at  the 
point,  in  seams  of  coal  six  (6)  feet  or  less  in  height, 
shall  not  be  greater  than  the  height  of  the  coal  and 
in  seams  of  coal  more  than  six  (6)  feet  in  thickness, 
the  width  of  the  shot  at  the  point  shall,  in  no  case, 
be  more  than  six  (6)  feet. 

In  undercut  coal,  no  hole  shall  be  drilled  “on 
the  solid”  for  any  part  of  its  length. 

Mixed  shots.]  (g)  In  no  case  shall  more  than 
one  kind  of  explosive  be  used  in  the  same  drill  hole. 

Copper  tools.]  (h)  The  needle  used  in  preparing 
a  blast  shall  be  made  of  copper,  and  any  metallic 
tamping-bar  or  scraper  vrhich  is  used  for  placing  ex¬ 
plosives  for  shots  shall  be  tipped  with  at  least  five 
inches  of  copper.  A  scraper  shall  not  be  used  for 
tamping. 

Tampixg.]  (i)  Every  blasting  hole  shall  be 
tamped  full  from  the  explosive  to  the  mouth  of  the 
hole,  and  no  coal  dust  or  any  material  that  is  in¬ 
flammable  or  that  may  create  a  spark,  whether  the 
same  shall  be  wet  or  dry,  shall  be  used  for  tamping. 

Use  of  squibs.]  (j)  When  a  squib  is  used  to  fire 
a  shot  it  shall  be  unlawful  to  shorten  or  oil  the 
match  of  the  squib  or  to  ignite  it  except  at  the  end. 

Warxixg  before  firixg.]  (k)  Before  firing  a 
shot,  the  person  firing  the  same  shall  see  that  all  per¬ 
sons  are  out  of  danger  from  the  probable  effects  of 
such  shot,  and  shall  take  measures  to  prevent  any 
one  approaching  by  shouting  “fire”  before  lighting 
the  same. 

Not  more  thax  oxe  shot  at  a  time.]  (1)  Not 
more  than  one  shot  shall  be  lighted  at  the  same  time 
in  any  working  place  unless  the  firing  is  done  by  eleC' 


tricity  or  by  fuses  of  such  length  that  the  interval 
between  the  explosions  of  any  two  shots  shall  be  not 
le.5?s  than  one  minute,  and  in  no  case  shall  any  shot  or 
shots  be  fired  or  lighted  which  are  termed  depending 
or  dependent  shots,  until  after  the  expiration  of  ten 
minutes  from  the  successful  firing  of  the  relieving 
shot  or  shots.  When  successive  shots  are  to  be  fired 
in  any  working  place  in  which  the  roof  is  broken  or 
faulty,  the  smoke  shall  be  allowed  to  clear  away  and 
the  roof  examined  and  made  secure  between  shots. 

Missed  shots.]  (m)  No  person  shall  return  to  a 
missed  shot,  if  lighted  with  a  squib,  until  ten  (10) 
minutes  have  elapsed  from  the  time  of  lighting  the 
same,  or,  if  lighted  with  fuse,  until  eight  hours  have 
elapsed  from  the  time  of  lighting  the  same;  and  no 
person  shall  return  to  a  missed  shot  when  the  firing 
is  done  by  electricity  unless  the  wires  are  discon¬ 
nected  from  the  battery. 

(n)  No  missed  shot  shall  be  withdrawn  except¬ 
ing  by  the  use  of  copper-tipped  or  wooden  tools. 

(o)  Where  shot  firers  are  employed  and  fuse  is 
used  to  fire  shots,  the  length  of  the  fuse  shall  be  not 
less  than  three  and  one-half  (3]4)  feet  outside  the 
powder,  and  no  shots  shall  be  fired  unless  there  is 
one  foot  of  fuse  protruding  from  the  mouth  of  the 
hole. 

Duty  of  Mine  Manager. 

§  20.  (a)  It  shall  be  the  duty  of  the  mine 

manager: 

1.  To  visit  each  working  place  in  the  mine  at 
least  once  in  two  weeks. 

2.  To  provide  a  suitable  checking  system  whereby 
the  entrance  into  and  departure  from  the  mine  of 
each  employee  shall  be  indicated. 

3.  To  have  the  underground  workings  of  the 
mine  examined  by  a  certificated  mine  examiner 
within  eight  hours  preceding  every  day  upon  which 
the  mine  is  to  be  operated,  except  in  mines  gen¬ 
erating  gas  in  dangerous  quantities  the  examina- 


58 


tion  of  that  split  of  air  in  which  gas  is  generated 
shall  be  made  within  six  hours  preceding  every  day 
upon  \\hich  the  mine  is  to  be  operated.  Such  a 
mine  exam_iner  shall  make  the  examination  as  pro¬ 
vided  ill  this  Act,  and  he  shall  enter  his  report  there¬ 
of  with  indelible  pencil  or  ink  in  a  well  bound  or 
properly  protected  loose  leaf  book  provided  for  that 
purpose,  before  the  men  are  permitted  to  enter  Ahe 
mine  in  the  morning.  This  book  shall  be  kept  in 
some  convenient  place  on  top,  but  not  in  the  engine 
room,  for  the  information  of  the  inspector  and  other 
persons  interested  therein. 

4.  To  examine  the  mine  examiner’s  report  in  the 
morning,  and  if  the  working  places  are  reported 
dangerous,  he  shall  withhold  the  entrance  checks  of 
men  working  in  such  places  until  he  has  taken  every 
proper  precaution  to  advise  such  men  of  the  danger 
and  instructed  them  not  to  work  in  such  places  until 
the  reported  danger  has  been  removed,  except  for  the 
purpose  of  removing  same. 

5.  Y7hen  there  is  to  be  a  night  shift  mining  coal, 
the  mine  manager  shall  require  the  places  in  which 
such  night  shift  are  expected  to  wmrk  to  be  examined 
for  gas,  or  falls  or  dangerous  roof,  by  the  person  in 
charge  of  such  night  shift  or  some  competent  person 
duly  authorized  by  him  before  the  men  enter  such 
places  for  work.  The  night  shift  may  go  into  the 
mine  v/hiie  the  night  examiner  is  in  the  mine,  ex¬ 
cepting  in  mines  where  marsh  gas  has  been  detected 
in  dangerous  quantities,  provided  they  do  not  go  into 
the  v/orking  places  until  the  required  examination 
is  made. 

Certificated  mine  examiners  shall  not  be  requirec'' 
for  the  examination  preceding  the  night  shift,  ex¬ 
cepting  in  mines  where  marsh  gas  is  detected  in 
dangerous  quantities.  The  night  examiner,  or  ex¬ 
aminers,  shall  make  a  record  of  their  examination 
in  a  special  book  kept  for  that  purpose,  which  shall 


59 


be  kept  in  some  convenient  place  on  top  when  not  in 
the  examiner. 

He  shall  provide  a  sufficient  number  of  props, 
and  timbers,  when  demanded,  delivered  on  the 
Miners’  cars  at  the  usual  place,  in  suitable  lengths 
and  dimensions  for  the  securing  of  the  roof  by  the 
miners. 

7.  He  shall  see  that  the  cross-cuts  are  made  at 
proper  distances  apart,  and  that  the  necessary  doors, 
curtains,  and  brattices  are  provided  to  secure  the 
men  in  the  mine  the  volume  of  air  required  by  this 
Act,  or  by  the  written  demands  of  the  mine  in¬ 
spector;  also,  that  all  stoppings  along  air-ways  are 
properly  and  promptly  built. 

8.  He  shall  keep  careful  watch  over  all  venti¬ 
lating  apparatus,  and  the  air  currents  in  the  mine, 
and  in  case  of  accident  to  fan  or  machinery  by 
which  the  air  currents  are  stopped  or  materially  ob¬ 
structed,  he  shall  at  once  order  the  withdrawal  of 
the  men  from  the  mine  and  prohibit  their  return 
until  the  required  ventilation  has  been  re-established. 

9.  He  shall  measure  the  air  current  or  cause  the 
same  to  be  measured  at  least  once  each  week  at  the 
inlet  and  outlet,  also  at  the  last  open  cross-cut  in 
each  division  or  split,  and  shall  keep  a  record  of 
such  measurements  for  the  information  of  the  mine 
inspector. 

10.  He  or  his  assistants  shall,  at  least  once  a 
week,  examine  the  escapement  shaft  and  the  road¬ 
ways  leading  thereto  and  all  other  openings  for  the 
safe  exit  of  men  to  the  surface;  and  shall  make  a 
record  of  any  obstructions  or  other  unsafe  conditions 
existing  therein,  and  cause  the  same  to  be  promptly 
removed. 

11.  He  shall  examine  or  designate  a  competent 
person  to  examine  the  hoisting  ropes,  cages  and 
safety  catches  every  morning,  and  shall  require  the 
ropes  to  be  tested  by  hoisting  the  cages  before  the 
men  "are  lowered. 


60 


12.  He  must  see  that  the  top  m.an  and  bottom 
man  are  on  duty  and  that  sufficient  lights  are 
tained  at  the  top  and  bottom  landings  when 
miners  are  being  hoisted  and  lowered. 

13.  The  mine  manager  or  his  assistant  shall  be 
at  his  post  at  the  mine  when  the  men  are  lowered 
into  the  mine  in  the  morning  for  work,  and  shall 
remain  at  night  until  all  the  men  employed  during 
the  day  shall  have  been  hoisted  out. 

14.  He  shall  give  special  attention  to  and  in¬ 
structions  concerning  the  proper  storage  and  hand¬ 
ling  of  explosives  in  the  mines. 

15.  He  shall  see  that  all  dusty  haulage  roads  are 
regularly  and  thoroughly  sprayed,  sprinkled  or 
cleaned  at  regular  intervals  when  the  health  and 
safety  of  the  men  in  the  mines  demand. 

(b)  The  mine  manager  shall  have  power: 

1.  To  instruct  e''iployees  as  to  their  respective  ^ 
duties  and  to  require  of  all  employees  obedience  to 
the  provisions  of  the  mining  law. 

2.  To  prescribe  special  rules  concerning  the 

proper  storage  and  handling  of  explosives  in  the  • 

mine  and  concerning  the  time  and  manner  of  placing 
and  discharging  the  blasting  shots,  and  it  shall  be 
unlawful  for  any  miner  to  fire  shots  except  accord¬ 
ing  to  such  rules. 

3.  In  mines  in  which  the  works  are  so  extensive 

that  all  the  duties  devolving  upon  the  mine  manager 
cannot  be  discharged  by  one  man,  competent  per¬ 
sons  may  be  designated  and  appointed  as  assistants 
to  the  mine  manager,  who  shall  exercise  his  func¬ 
tions  under  the  mine  manager’s  instructions.  ^ 

Mine  Examiners'  Duties. 

§  21.  (a)  A  certificated  mine  examiner  shall  be 
required  at  all  coal  mines.  There  shall  be  one  or 
more  additional  certificated  mine  examiners  when¬ 
ever  required  in  writing  by  State  mine  inspectors 


sh 


when  the  conditions  are  such  as  to  make  the  employ- 
meBit  of  such  additional  mine  examiners  necessary. 

(b)  It  shall  be  the  duty  of  the  mine  examiner: 

1.  To  examine  the  underground  workings  of  the 
mine  within  eight  hours  preceding  the  time  the  day 
shift  goes  on  duty,  every  day  upon  which  the  mine 
is  to  be  operated,  excepting  in  mines  generating  gas 
in  dangerous  quantities  the  examination  of  that 
split  of  air  in  which  gas  is  generated  shall  be  made 
within  six  hours  preceding  every  day  upon  which 
the  mine  is  to  be  operated,  and  excepting  that  when 
in  the  judgment  of  the  State  Mine  Inspector  ex¬ 
pressed  in  writing  to  the  coal  operator,  a  mine  gen¬ 
erates  explosive  gas  in  dangerous  quantities,  a  State 
Mine  Inspector  shall  require  the  mine  to  be  examined 
for  gas  in  such  manner  and  at  such  shorter  intervals 
than  six  hours  before  the  time  the  day  shift  goes  on 
duty  every  day  upon  which  the  mine  is  to  be  operat¬ 
ed,  as  may  be  necessary  to  insure  the  safety  of  the 
men  working  in  such  mine.  In  all  mines  where 
closed  electric  lamps  are  used  exclusively,  said  mines 
shall  be  examined  within  four  hours  preceding  the 
time  the  day  shift  goes  on  duty. 

2.  When  in  the  performance  of  his  duties,  to 
carry  with  him  a  safety  lamp  in  proper  order  and 
condition  and  a  rod  or  bar  for  sounding  the  roof. 

3.  To  see  that  the  air  current  is  traveling  in  its 
proper  course  and  in  proper  quantity;  and  to  meas¬ 
ure  with  an  anemometer  the  amount  of  air  passing 
in  the  last  cross-cut  or  break-through  of  each  pair 
of  enteries,  or  in  the  last  room  of  each  division  in 
long-wall  mines,  and  at  all  other  points  where  he 
may  deem  it  necessary;  and  to  note  the  result  of  such 
measurements  in  the  mine  examiner’s  book  kept  for 
that  purpose. 

4.  To  inspect  all  places  where  men  are  required 
in  the  performance  of  their  duties  to  pass  or  to  work, 
and  to  observe  whether  there  are  any  recent  falls  or 
dangerous  roof  or  accumulations  of  gas  or  danger- 


ous  conditions  in  rooms  or  roadways;  and  to  examine 
especially  all  roadways  leading  to  escapement  shafts 
or  other  openings  for  the  safe  exit  of  men  to  the 
surface,  the  edges  and  accessible  parts  of  recent  falls 
and  old  gobs  and  air-courses. 

5.  As  evidence  of  his  examination  of  said  rooms 
and  roadways,  to  inscribe  in  some  suitable  place  on 
the  walls  of  each,  not  on  the  face  of  the  coal,  with 
chalk,  the  month  and  the  day  of  the  month  of  his 
visit. 

6.  When  working  places  are  discovered  in  v/hich 
there  are  recent  falls  or  dangerous  roof  or  dangerous 
conditions,  to  place  a  conspicuous  mark  or  sign 
thereat  as  notice  to  all  men  to  keep  out;  and  in  case 
of  accumulation  of  gas,  to  place  at  least  two  con¬ 
spicuous  obstructions  across  the  roadway  not  less 
than  twenty  feet  apart,  one  of  which  shall  be  outside 
the  last  open  cross-cut. 

7.  Upon  completing  his  examination,  to  make  a 
daily  record  of  the  same  in  a  book  kept  for  that  pur¬ 
pose,  for  the  information  of  the  company,  the  in¬ 
spector  and  all  other  persons  interested;  and  this 
record  shall  be  made  each  morning  before  the  miners 
are  permitted  to  enter  the  mine. 

8.  To  take  into  his  possession  the  entrance 
checks  of  all  men  whose  working  places  have  been 
shown  by  his  examination  and  record  to  be  danger¬ 
ous,  and  to  give  such  entrance  checks  to  the  mine 
manager  before  the  men  are  permitted  to  enter  the 
mine  in  the  morning. 

Duty  of  Hoisting  Engineer. 

§  22.  It  shall  be  the  duty  of  the  hoisting  engi¬ 
neer: 

1.  To  be  in  constant  attendance  at  his  engine  or 
boilers  at  all  times  when  there  are  workmen  under¬ 
ground.  Whenever  it  is  the  duty  of  the  engineer  to 
attend  to  the  boilers,  means  for  signaling  from  the 
shaft  bottom  to  the  boiler-room  shall  be  provided. 


63 


2.  He  shall  not  permit  any  one  except  persons 
duly  authorized  to  enter  the  engine-room,  and  he 
shall  hold  no  communication  with  any  officer  of  the 
company  or  other  person  while  the  engine  is  in 
motion  or  while  his  attention  is  occupied  with  the 
signals. 

3.  The  engineer  or  some  other  properly  author¬ 
ized  employee  shall: 

(a)  Keep  a  careful  watch  over  the  engine,  boil¬ 
ers,  pumps,  ropes  and  winding  apparatus  under  his 
jurisdiction. 

(b)  See  that  the  boilers  under  his  care  are  prop¬ 
erly  supplied  with  water,  cleaned  and  inspected  at 
frequent  intervals. 

(c)  See  that  the  steam  pressure  does  not  exceed 
the  limit  established  by  the  boiler  inspector,  and  fre¬ 
quently  try  the  try  cocks  and  the  safety  valves  and 
shall  not  increase  the  weights  on  the  same. 

(d)  See  that  the  steam  and  water  gauges  are 
kept  in  good  order,  and  if  any  of  the  pumps,  valves 
or  gauges  become  deranged  or  fail  to  act,  promptly 
report  the  fact  to  the  proper  authority. 

4.  He  shall  thoroughly  understand  the  estab¬ 
lished  code  of  signals,  and  when  he  has  the  signal 
that  men  are  on  the  cage,  he  must  operate  his  engine 
at  not  to  exceed  the  rate  of  speed  permitted  by  this 
Act. 

5.  He  shall  permit  no  one  to  handle,  except  in 
the  discharge  of  duty,  or  meddle  with  any  machinery 
under  his  charge  or  suffer  any  one  who  is  not  a 
certified  engineer  to  operate  his  engine  except  for  the 
purpose  of  learning  to  operate  it,  and  then  only  in 
the  presence  of  the  engineer  in  charge  and  v>^hen 
men  are  not  on  the  cage. 

Special  Rules. 

§  23.  (a)  It  shall  be  unlawful  for  any  person 
knowingly  or  negligently: 

1.  To  injure  or  tamper  with  any  appliance  or 
machinery. 


64 


2.  To  carry  an  open  light,  pipe  or  fire  in  any 
form  into  any  place  worked  by  the  light  of  safety 
lamps,  or  within  five  feet  of  an  open  package  of  [ 

explosive.  / 

■» 

3.  To  open  any  locked  safety  lamp  without  per-  ') 

mission  from  the  proper  authority.  ^ 

4.  To  handle  or  disturb  any  part  of  the  hoisting 
machinery  without  proper  authority. 

5.  To  obstruct  or  cause  any  obstruction  in  any 
air  current  or  to  leave  open  any  door  or  other  means 
provided  to  control  the  air  current  or  to  perform 
any  act  that  will  interfere  with  the  ventilating  cur¬ 
rent  of  the  mine  without  permission  to  do  the  same 
from  the  mine  manager. 

6.  To  deface,  pull  down  or  destroy  any  notice 
board,  danger  signal,  special  rule  or  record  book. 

(b)  No  person  shall  be  permitted  to  or  shall 
enter,  work  in  or  about  a  mine  or  mine  buildings, 
tracks  or  machinery  connected  therewith  while  under 
the  influence  of  intoxicants. 

(c)  Every  miner  shall  sound  and  thoroughly  ex¬ 
amine  the  roof  of  his  working  place  before  com¬ 
mencing  work,  and  if  he  finds  loose  rock  or  other 
dangerous  conditions,  he  shall  not  work  in  such 
dangerous  place  except  to  make  such  dangerous 
conditions  safe.  It  shall  be  the  duty  of  the  miner  to 
properly  prop  and  secure  his  place  for  his  own  safety 
with  materials  provided  therefor. 

(d)  It  shall  be  the  duty  of  every  operator  to  post 
at  some  conspicuous  point  at  the  entrance  to  the 
mine,  in  such  manner  that  the  employees  of  the  mine 
can  read  them,  rules  not  inconsistent  with  this  Act, 
plainl}^  printed  in  the  English  language,  which  shall  ^ 
govern  all  persons  working  in  the  mine.  And  the 
posting  of  such  notice,  as  provided,  shall  charge  all 
employees  of  such  mine  with  legal  notice  of  the  con¬ 
tents  thereof. 

(e)  It  shall  be  unlawful  for  any  person  to  dis¬ 
obey  any  order  given  in  pursuance  of  this  Act,  or  to 


65 


enter  any  place  against  a  danger  signal  without  per¬ 
mission  from  the  mine  manager,  or  to  do  any  willful 
act  whereby  the  .lives  or  health  of  persons  working 
.  in  mines  or  the  security  of  the  mine  or  the  machinery 
thereof  are  endangered. 

(f)  No  mine  employee  shall  enter  or  leave  a 
mine  without  indicating  the  fact  of  entering  or  leav¬ 
ing  said  mine  by  some  suitable  checking  system  pro¬ 
vided  by  and  under  the  control  of  the  mine  manager. 

(g)  No  person,  except  the  person  necessary  to 
operate  the  trip  or  car,  shall  ride  on  any  loaded  car 
or  on  the  outside  of  any  car,  or  get  on  or  off  a  car 
while  in  motion. 

(h)  It  shall  be  unlawful  to  change,  exchange, 
substitute,  alter  or  remove  any  number  or  check  or 
other  device  or  sign  used  to  indicate  or  identify  the 
person  or  persons  to  whom  credit  or  pay  is  due  for 
the  mining  of  coal  in  any  car  or  appliance  containing 

f  *  the  same,  with  intent  to  cheat  or  defraud  any  other 
person  of  the  value  of  his  services  for  mining  the  coal 
contained  in  such  car  or  appliance,  and  it  shall  be 
unlawful  for  a  person  with  intent  to  cheat  or  de¬ 
fraud  any  other  to  place  any  number,  check  or  othe 
device  or  sign  upon  any  car  or  other  appliance  loaded 
by  any  other  person  in  or  about  the  mine.  Any 
violation  of  this  provision  shall  be  deemed  a  lar¬ 
ceny,  and  upon  conviction  thereof  shall  be  punishable 
as  provided  in  the  general  statutes  of  Illinois  with 
respect  to  larceny. 

Ten-foot  Limit,  Abandoned  Workings. 

§  24.  (a)  In  no  case  shall  the  workings  of  any 
mine  be  driven  nearer  than  10  feet  to  the  boundary 
line  of  the  coal  right  pertaining  to  said  mine,  except 
for  the  purpose  of  establishing  an  underground 
communication  between  contiguous  mines,  as  pro¬ 
vided  for  elsewhere  in  this  Act,  or  except  by  mutual 
agreement  in  writing  between  the  adjoining  owners. 


66 


Approachixg  abaxi>o>^ed  workings.]  (b)  When¬ 
ever  any  working  place  approaches  within  50  feet  of 
abandoned  workings  of  which  there  is  a  map  pre¬ 
pared  as  required  by  law  and  which  may  contain 
dangerous  accumulations  of  water  or  of  gas,  the 
operator  of  said  mine  shall  advance  by  workings  noc 
more  than  20  feet  wide  and  maintain  in  advance  of 
the  face  a  bore  hole  not  less  than  10  feet  in  depth, 
located  in  the  center  of  the  coal  seam  and  working 
face,  and  one  hole  in  each  rib  of  the  working  place 
10  feet  in  depth,  which  side  holes  shall  be  drilled  so 
as  to  make  an  angle  of  not  less  than  forty-five  de¬ 
grees  with  the  direction  of  the  rib.  If  there  is  not 
a  map  of  the  abandoned  workings,  the  holes  hereto¬ 
fore  provided  for  shall  be  drilled  when  the  new 
workings  are  within  100  feet  of  where  the  old  work¬ 
ings  are  supposed  to  be.  In  mines  where  electric 
safety  lamps  are  used  working  places  being  driven 
within  a  distance  of  75  feet  from  the  old  and  aband¬ 
oned  workings  shall  be  examined  by  a  competent 
person  after  the  machine  has  cut  the  place  and  be¬ 
fore  the  miners  are  allowed  to  enter  the  place. 

Duty  of  Inspector,  Coroner's  Inquest,  Investigation. 

§  25.  (a)  Any  loss  of  life  or  personal  injury  in 
or  about  any  coal  mine  shall  be  reported  without 
delay  by  the  person  having  charge  of  said  mine  to 
the  State  mine  inspector  of  the  district  in  v/hich  the 
mine  is  located,  and  the  said  inspector,  in  case  of  in¬ 
jury,  if  he  deem  necessary  from  the  facts  reported, 
and  in  all  cases  of  loss  of  life,  shall  go  immediately 
to  the  scene  of  said  accident  and  render  every  pos¬ 
sible  assistance  to  those  in  need. 

Every  operator  of  a  coal  mine  shall  make  or 
cause  to  be  made  and  preserve  for  the  information  of 
the  State  mine  inspector,  upon  uniform  blanks 
furnished  by  said  inspector,  a  record  of  all  deaths 
and  all  injuries  sustained  by  any  of  his  employees  in 
the  pursuance  of  their  regular  occupations. 


67 


CoROXERs'  ixQUEST.]  (b)  If  any  person  is  killed 
in  or  about  a  mine,  the  operator  shall  also  notify  the 
coroner  of  the  county,  or  in  his  absence  or  inability 
to  act,  any  justice  of  the  peace  of  said  county,  who 
shall  hold  an  inquest  concerning  the  cause  of  such 
death.  The  State  mine  inspector  may  question  or 
cross-question  any  witness  testifying  at  the  inquest. 

Investigation  by  inspectors.]  (c)  The  State 
mine  inspector  shall  make  a  personal  investigation 
as  to  the  nature  and  cause  of  all  serious  accidents  in 
mines  under  his  supervision.  He  shall  make  a  record 
of  the  circumstances  attending  the  same,  as  de¬ 
veloped  by  the  coroner’s  inquest  and  by  his  own  per¬ 
sonal  investigation,  which  record  shall  be  preserved 
in  the  files  of  his  office,  and  a  copy  thereof  filed  with 
the  State  Mining  Board  within  thirty  days  from  the 
conclusion  of  such  investigation,  and  such  ,  report 
shall  thereupon  become  part  of  the  records  of  such 
board.  To  enable  him  to  make  such  investigation 
he  shall  have  power  to  compel  the  attendance  of  wit¬ 
nesses  and  to  administer  oaths  or  affirmations  to 
them,  and  the  cost  of  such  investigations  shall  be 
paid  by  the  county  in  which  such  accident  has  oc¬ 
curred. 

Any  person  having  charge  or  custody  of  the 
records,  files,  documents,  reports  and  proceedings  of 
the  State  Mining  Board  provided  to  be  made,  filed  or 
kept  upder  the  provisions  of  the  laws  of  Illinois,  in 
case  of  serious  accident  shall  furnish  to  any  person 
or  persons  interested,  a  certified  copy  thereof  upon 
application,  and  upon  the  payment  or  tender  of  fees 
at  such  rates  as  are  now  paid  in  this  State  to  the 
clerks  of  circuit  courts  in  counties  of  the  second  class 
for  certified  copies  of  records,  and  refusal  to  furnish 
such  copies  shall  constitute  a  misdemeanor. 

Stretchers  and  Blankets. 

§  26.  At  every  mine,  it  shall  be  the  duty  of  the 
operator  thereof  to  keep  alw’ays  on  hand,  and  at  some 


68 


readily  accessible  place,  a  properly  constructed 
stretcher,  a  woolen  and  waterproof  blanket,  3nd  a 
roll  of  bandages  in  good  condition  and  ready  for  im¬ 
mediate  use  for  binding,  covering  and  carrying  any 
one  who  may  be  injured  at  the  mine.  When  100  or 
more  men  are  employed  at  any  mine,  two  stretchers 
and  two  woolen  and  two  waterproof  blankets,  with  a 
corresponding  number  of  bandages,  shall  be  provided 
and  kept  on  hand.  At  mines  where  fire  damp  is  gen¬ 
erated,  there  shall  also  be  provided  and  kept  in  store 
a  suitable  supply  of  linseed  or  olive  oil,  for  use  in 
case  where  men  are  burned  by  an  explosion. 

Scales,  Weighman  and  Check  Weighman. 

§  27.  (a)  The  operator  of  every  coal  mine  where 
miners  are  paid  by  the  weight  of  their  output,  shall 
provident  such  mine  suitable  and  accurate  scales  for 
the  weighing  of  such  coal,  and  a  correct  record  shall 
be  kept  of  all  coal  so  weighed,  and  said  record  shall 
be  open  at  all  reasonable  hours  to  the  inspection  of 
miners  and  others  interested  in  the  product  of  said 
mine.  The  operator  shall  provide  at  such  mine  not 
less  than  one  thousand  (1,000)  pounds  of  United 
States  Standard  weights. 

Weighmax.]  (b)  The  person  authorized  to 
weigh  the  coal  and  keep  the  record  as  aforesaid  shall 
be  a  citizen  of  the  United  States,  and  shall,  before  en¬ 
tering  upon  his  duties,  make  and  subscribe  to  an 
oath  before  some  person  duly  authorized  to  admin¬ 
ister  oaths,  that  he  will  accurately  weigh  and  care¬ 
fully  keep  a  true  record  of  all  coal  weighed,  and 
such  affidavit  shall  be  kept  conspicuously  posted  at 
the  place  of  weighing. 

Check  weighmax.]  (c)  The  miners  at  work  in 
any  coal  mine  may  employ  a  check  weighman  at 
their  option  and  at  their  own  expense,  whose  duty  it 
shall  be  to  balance  the  scales  and  see  that  the  coal 
is  properly  weighed,  and  that  a  correct  account  of 
the  same  is  kept,  and  for  this  purpose  he  shall  have 


69 


access  at  all  times  to  the  beam  box  of  said  scales, 
and  be  afforded  every  facility  for  verifying  the 
weights  while  the  weighing  is  being  done.  The 
check  weighman  so  employed  by  the  miners  shall  be 
a  citizen  of  the  United  States,  and,  before  entering 
upon  his  duties,  shall  make  and  subscribe  to  an  oath 
before  some  person  duly  authorized  to  administer 
oaths,  that  he  will  faithfully  discharge  his  duties 
as  check  weighman,  and  such  oath  shall  be  kept 
conspicuously  posted  at  the  place  of  weighing. 

Boys  ^and  Women. 

§  28.  No  boy  under  the  age  of  sixteen  years,  and 
no  woman  or  girl  of  any  age,  shall  be  permitted  to 
do  any  manual  labor  in  or  about  any  mine,  and 'be¬ 
fore  any  boy  can  be  permitted  to  work  in  any  mine  he 
must  produce  to  the  mine  manager  or  operator 
thereof  an  affidavit  from  his  parent  or  guardian  or 
next  of  kin,  sworn  and  subscribed  to  before  a  justice 
of  the  peace,  or  notary  public,  that  he,  the  said  boy, 
is  sixteen  years  of  age. 

The  parent,  guardian  or  next  of  kin  shall  submit 
in  connection  with  said  affidavit,  a  certificate  of  birth, 
a  baptismal  certificate,  a  passport  or  other  official  or 
religious  record  of  the  boy’s  age  or  duly  attested 
thanscript  thereof,  which  certificate  or  transcript 
thereof  shall,  for  the  purpose  of  this  Act,  establish 
the  age  of  said  boy. 

Any  person  swearing  falsely  in  regard  to  the  age 
of  a  boy  shall  be  guilty  of  perjury,  and  shall  be  pun¬ 
ished  as  provided  in  the  general  statutes  of  the  state 
pertaining  to  perjury. 

Violations,  Penalties. 

§  29.  (a)  Any  willful  neglect,  refusal  or  failure 
to  do  the  things  required  to  be  done  by  any  section, 
clause  or  provision  of  this  Act,  on  the  part  of  the 
person  or  persons  herein  required  to  do  them,  or  any 
violation  of  any  of  the  provisions  or  requirements 


70 


hereof,  or  any  attempt  to  obstruct  or  interfere  with 
any  inspector  or  person  in  the  discharge  of  the 
duties  herein  imposed  upon  him,  or  any  refusal  to 
comply  with  the  instructions  of  an  inspector  or  per¬ 
son  given  by  authority  of  this  Act  shall  be  deemed  a 
misdemeanor  punishable  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  in  the  county 
jail  for  a  period  not  exceeding  six  months,  or  both, 
at  the  discretion  of  the  court:  Provided^  that  in  ad¬ 
dition  to  the  above  penalties,  in  case  of  the  failure  of 
any  operator  to  comply  with  the  provisions  of  this 
Act  in  relation  to  the  sinking  of  escapement  shafts 
and  the  ventilation  of  mines,  the  State’s  attorney 
for  the  county  in  which  such  failure  occurs,  or  any 
other  attorney,  in  case  of  his  neglect  to  act  promptly, 
shall  proceed  against  such  operator  by  injunction 
without  bond,  to  restrain  him  from  continuing  to 
operate  such  mine  until  all  legal  requirements  shall 
have  been  fully  complied  with. 

(b)  Any  inspector  who  shall  discover  that  any 
section  of  this  Act,  or  part  thereof,  is  being  neglected 
or  violated,  shall  order  immediate  compliance  there¬ 
with,  and,  in  case  of  continued  failure  to  comply, 
shall  have  power  to  stop  the  operation  of  the  mine, 
or  to  remove  any  offending  person  or  persons  from 
the  mine  until  the  law  is  complied  with. 

(c)  For  any  injury  to  person  or  property,  oc¬ 
casioned  by  any  willful  violation  of  this  Act,  or  will¬ 
ful  failure  to  comply  with  any  of  its  provisions,  a 
right  of  action  shall  accrue  to  the  party  injured,  for 
any  direct  damages  sustained  thereby;  and  in  case  of 
loss  of  life  by  reason  of  such  willful  violation  or  will¬ 
ful  failure  as  aforesaid,  a  right  of  action  shall  accrue 
to  the  personal  representatives  of  the  person  so  killed 
for  the  exclusive  benefit  of  the  widow  and  next  of 
kin  of  such  person  and  to  any  other  person  or  per¬ 
sons  who  were,  before  such  loss  of  life,  dependent  for 
support  on  the  person  or  persons  so  killed,  for  a  like 
recovery  of  damages  for  the  injuries  sustained  by 


71 


reason  of  such  loss  of  life  or  lives  not  to  exceed  the 
sum  of  ten  thousand  dollars:  Provided,  that  every 
such  action  for  damages  in  case  of  death  shall  be 
commenced  within  one  year  after  the  death  of  such 
person:  And,  jwovided,  further,  that  the  amount  re¬ 
covered  by  the  personal  representative  of  the  person 
so  killed  shall  be  distributed  to  the  widow  and  next  of 
kin  of  such  person  in  the  proportion  provided  by  law 
in  relation  to  the  distribution  of  personal  property 
left  by  persons  dying  intestate:  Provided,  that  if 
and  whenever  there  shall  be  in  force  in  this  State,  a 
statute  or  statutes  providing  for  compensation  to 
w'orkmen  for  all  injuries  received  in  the  course  of 
their  employment,  the  provisions  thereof  shall  apply 
in  lieu  of  the  right  of  action  for  damages  provided 
in  this  Act. 

Definitions. 

§  30.  (a)  Where  used  in  this  Act,  the  words 
“mine”  and  “coal  mine”  are  intended  to  signify  any 
and  air  parts  of  the  property  of  a  mining  plant,  on 
the  surface  or  underground,  which  contribute,  di¬ 
rectly  or  indirectly,  under  one  management,  to  the 
mining  or  handling  of  coal. 

Excavation  or  workings.]  (b)  The  words  “ex¬ 
cavation”  and  “workings”  signify  any  or  all  parts  of 
a  mine  excavated  or  being  excavated,  including 
shafts,  slopes,  tunnels,  entries,  rooms  and  working 
place,  whether  abandoned  or  in  use. 

Shaft.]  (c)  The  term  “shaft”  means  any  verti¬ 
cal  opening  through  the  strata  which  is  or  may  be 
used  for  purposes  of  ventilation  or  escapement,  or 
for  the  hoisting  or  lowering  of  men  and  material  in 
connection  with  the  mining  of  coal. 

Slope.]  (d)  The  term  “slope”  means  any  in¬ 
clined  way  in  or  to  a  seam  of  coal  to  be  used  for  the 
same  purposes  as  a  shaft. 

Drift.]  (e)  The  term  “drift”  means  any  prac¬ 
tically  horizontal  way  in  or  to  a  seam  of  coal  to  be 
used  for  the  same  purpose  as  a  shaft. 


72 


Operator.]  (f)  The  term  “operator”  as  applied 
to  the  party  in  control  of  a  mine  in  this  Act,  signi¬ 
fies  the  person,  firm  or  body  corporate  who  is  the 
immediate  proprietor  as  owner  or  lessee  of  the  plant, 
and,  as  such,  responsible  for  the  condition  and  man¬ 
agement  thereof. 

Mine  manager.]  (g)  The  “mine  manager”  is  the 
person  who  is  charged  with  the  general  direction  of 
the  underground  work. 

Mine  examiner.]  (h)  The  “mine  examiner”  is 
the  person  charged  with  the  examination  of  the  un¬ 
derground  workings  of  the  mine  before  the  miners 
are  permitted  to  enter  it  in  the  morning. 

Repeal. 

§  31.  That  an  Act  entitled,  “An  Act  to  revise  the 
laws  in  relation  to  coal  mines  and  subjects  relating 
thereto,  and  providing  for  the  health  and  safety  of 
persons  employed  therein7’  approved  April  18,  1899,  . 
and  in  force  July  1,  1899,  with  amendments  to  July 
1,  1919;  also 

An  act  entitled,  “An  Act  to  prohibit  the  use  of 
certain  oils  in  coal  mines  and  penalties  for  infraction 
of  same,”  approved  April  30,  1895,  in  force  July  1, 
1895;  also 

An  Act  entitled,  “An  Act  concerning  the  use  of 
powder  in  coal  mines,”  approved  and  in  force  May 
14,  1903,  as  amended  by  an  Act  approved  May  24, 
1907,  in  force  July  1,  1907;  also 

An  Act  entitled,  “An  Act  to  provide  for  the 
weighing  of  coal  at  the  mines,  and  to  repeal  a  cer¬ 
tain  Act  therein  named,”  approved  June  17,  1887,  in 
force  July  1,  1887,  be  and  each  of  said  Acts  is  hereby 
repealed. 


73 


»  y 

► 

EMINENT  DOMAIN. 


Ax  Act  to  revise  the  law  in  relation  to  mines.  Aj)- 
proved  March  2Jf,  187 Jf,  in  force  Jnly  1,  187 If. 

Eminent  Domain,  Road  or  Railroad.^ 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  whenever  any  mine  or  mining  place  shall 
be  so  situated  that  it  cannot  be  conveniently  worked 
without  a  road  or  railroad  thereto,  or  ditch  to  drain 
the  same  or  to  convey  water  thereto,  and  such  road, 
railroad  or  ditch  shall  necessarily  pass  over,  through 
or  under  other  land  owned  or  occupied  by  others,  the 
owner  or  operator  of  any  such  mine  or  mining  place 
may  enter  upon  such  lands,  and  construct  such  road, 
railroad  or  ditch,  upon  complying  with  the  law  in  re¬ 
lation  to  the  exercise  of  the  right  of  eminent  do¬ 
main. 

And  the  -commissioners  of  highways  of  any 
county  under  township  organization,  and  the  county 
board  in  counties  not  under  township  organization, 
may,  when  the  public  good  requires,  cause  to  be  laid 
out  and  opened  public  highways,  or  private  roads  or 
cartways,  from  any  coal  mine  to  a  public  highway  or 
to  a  railway,  as  the  public  good  may  require,  in  the 
same  way  as  now  or  may  hereafter  be  provided  by 
lav/  for  the  laying  out  and  opening  of  public  high- 
v'ays  or  private  roads  or  cartways,  and  may  permit 
the  owner,  lessee  or*  operator  of  any  coal  mine  to  lay 
down  and  operate  a  horse  or  dummy  railway  thereon, 
or  upon  any  highway  or  private  road  or  cartway 
-  now  or  hereafter  laid  out  and  opened  for  public  or 
public  and  private  use,  but  always  in  such  a  manner 
and  way,  and  upon  such  place  thereon,  as  to  not  un¬ 
necessarily  interfere  with  ordinary  public  travel. 


74 


Trespass,  Surveyor. 

§  2.  If  the  owner  of  any  land  adjacent  to  any 
lands  worked  as  lead,  coal,  iron  or  other  mine,  shall 
make  complaint,  in  writing,  verified  by  affidavit,  to 
the  judge  of  any  court  of  record  in  the  county  where 
the  land  is  situated,  that  he  has  reasonable  grounds 
to  believe,  and  does  believe,  that  the  owner  or  opera¬ 
tor  of  such  mine  is  trespassing  upon  his  lands  by 
mining  thereon,  it  shall  be  the  duty  of  the  judge  to 
appoint  some  county  surveyor  or  other  competent 
and  suitable  person  to  descend  into  such  mine,  and 
make  such  examinations  and  surveys  as  may  be 
necessary  to  ascertain  whether  the  same  is  being 
worked  upon  the  land  of  the  person  making  the  com¬ 
plaint. 

Surveyor,  Poioers,  Penalty. 

§  3.  The  person  so  appointed  shall  have  the 
right,  at  all  reasonable  times,  to  descend  into  such 
mine  and  make  such  examinations  and  surveys;  and 
whoever  shall  willfully  obstruct  or  hinder  such  per¬ 
son  from  entering  into  any  such  mine,  or  any  gallery 
or  place  therein,  or  from  making  any  such  examina¬ 
tion  or  seurvey,  shall,  for  each  offense,  be  fined  not 
exceeding  $200,  to  be  recovered  before  any  justice  of 
the  peace  of  the  county.  Any  person  accepting  any 
such  appointment,  and  failing  or  refusing  to  make 
such  survey  upon  the  request  of  the  petitioner,  may 
be  proceeded  against  as  for  a  contempt  of  court,  or 
he  may  be  fined  not  exceeding  $500. 

Examination,  Expenses. 

§  4.  The  expense  of  such  examination  and  survey 
shall  be  paid  by  the  person  making  the  complaint, 
but  if  such  person  shall  recover  damages  against  the 
owner  or  operator  of  such  mine  for  working  the  same 
upon  his  land,  he  shall  have  the  right  to  have  such 
expense  added  to  the  damages. 


75 


Trespass,  Penalty. 

§  5.  Whoever  shall  willfully  trespass  upon  the 
land  of  another  by  mining  thereon,  shall,  in  addition 
’  to  the  damages  now  authorized  by  law  be  liable  to  a 
’  penalty  not  to  exceed  $500,  which  may  be  recovered 
in  an  action  of  debt  by  the  owner  thereof,  in  any 
court  of  competent  jurisdiction. 

Mining  Rights,  Conveyance. 

§  6.  Any  mining  rights,  or  the  right  to  dig  for  or 
obtain  iron,  lead,  copper,  coal,  or  other  mineral  from 
land,  may  be  conveyed  by  deed  or  lease,  which  may 
be  acknowledged  and  recorded  in  the  same  manner 
and  with  like  effect  as  deeds  and  leases  of  real  es¬ 
tate. 

Mining  Rights,  Taxatioyi. 

§  7.  When  the  owner  of  any  land  shall  convey,  by 
deed  or  lease,  any  mining  right  therein,  such  convey¬ 
ance  shall  be  considered  as  so  separating  such  right 
from  the  land  that  the  same  shall  be  taxable  sepa¬ 
rately,  and  any  sale  of  the  land  for  any  tax  or  as¬ 
sessment  shall  not  include  or  affect  such  mining 
right. 

Lead  Mineral,  Record. 

§  8.  Every  person  purchasing  lead  mineral  shall 
keep  a  book,  in  which  he  shall  keep  an  account  of  all 
lead  mineral  purchased  by  him,  stating  clearly  the 
amount,  from  whom  and  time  vrhen  purchased,  and 
the  place  where  it  was  dug;  and  for  the  purpose  of 
ascertaining  such  facts,  he  shall  make  diligent  in¬ 
quiry  of  the  person  offering  such  mineral  for  sale, 
and  if  satisfactory  answers  are  not  given,  it  shall 
not  be  lawful  for  him  to  buy  the  same. 

Lead  Mineral,  Record,  Inspection. 

§  9.  Such  purchaser  shall  keep  such  book  at  his 
usual  place  of  business,  open  at  all  reasonable  times 


76 


for  the  inspection  of  miners,  owners  of  mineral 
lands,  and  smelters  of  lead  ore. 

Lead  Mineral,  Purchaser,  Statement. 

§  10.  When  any  such  purchaser  has  not  a  usual 
place  of  business,  he  shall,  within  twenty-four  hours 
from  the  time  of  making  any  such  purchase,  make 
return  to  the  nearest  smelter  of  lead  ore  to  the  place 
of  procuring  the  same,  stating  the  amount  thereof, 
when,  of  whom  and  where  purchased,  and  from  what 
place  the  same  was  dug  or  taken;  and  such  smelter 
shall  minute  the  same  in  his  book,  to  be  kept  pursu¬ 
ant  to  this  Act. 

Lead  Mineral,  Purchase. 

§  11.  No  person  shall  be  allowed  to  purchase  lead 
mineral  from  any  child  under  twelve  years  of  age. 

Lead  Mineral,  Purchase,  Penalties. 

§  12.  Any  person  who  shall  purchase  lead  min¬ 
eral  without  keeping  the  book  or  making  the  entries 
or  returns  as  herein  provided,  or  shall  refuse  to  allow 
their  inspection  as  herein  provided,  shall  forfeit  for 
each  offense  the  sum  of  $25;  and  whoever  violates 
any  of  the  other  provisions  of  the  four  preceding  sec¬ 
tions,  shall  forfeit  for  the  first  offense  the  sum  of  $5 
and  costs,  and  for  every  subsequent  offense  $10  and 
costs — one-half  to  the  informer,  and  the  other  half 
to  the  school  fund  of  the  school  district  where  the 
suit  is  brought.  Said  penalties  shall  be  recoverable 
by  action  of  debt  before  any  justice  of  the  peace  of 
the  county  where  the  offense  is  committed. 

WAGES  OF  MINERS  AND  LABORERS  AT  COAL 
MINES  LIEN  ON  ALL  PROPERTY. 

Ax  Act  to  protect  laborers  and  miners  for  labor  per- 
formed  in  developing  and  tvorking  in  coal  mines. 
Approved  June  21,  1895  in  force  July  1,  1895. 

Wages,  Lien. 

Sectiox  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem- 


77 


hly:  That  every  laborer  or  miner  who  shall  perform 
labor  in  opening  and  developing  any  coal  mine,  in¬ 
cluding  sinking  shafts,  constructing  slopes  or  drifts, 
mining  coal  and  the  like,^  shall  have  a  lien  upon  all 
the  property  of  the  person,  firm  or  corporation  own¬ 
ing,  constructing  or  operating  such  mine,  used  in  the 
construction  or  operation  thereof,  including  real  es¬ 
tate,  buildings,  engines,  cars,  mules,  scales  and  all 
other  personal  property,  for  the  value  of  such  labor 
for  the  full  amount  thereof,  upon  the  same  terms, 
with  the  same  rights  and  to  be  secured  and  enforced 
as  mechanics’  liens  are  secured  and  enforced. 

MINERS  TO  BE  PAID  IN  LAWFUL  MONEY  FOR 

ALL  COAL  MINED. 

An  Act  to  'provide  for  the  payment  of  coal  miners  for 
all  coal  mined  hy  them,  and  providing  additional 
duties  for  mine  inspectors.  Approved  June  3, 
J897,  in  force  July  1,  1897. 

Wages,  Payment. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  every  person  engaged  in  mining  coal  for 
any  corporation,  company,  firm  or  individual,  shall 
be  paid  in  lawful  money  of  the  United  States  for  all 
coal  mined  and  loaded  into  the  min[ing]  car  by  such 
person  for  such  corporation,  company,  firm  or  indi¬ 
vidual,  including  lump,  egg,  nut,  pea  and  slack,  or 
such  other  grades  as  said  coal  may  be  divided  into, 
at  such  price  as  may  be  agreed  upon  by  the  respective 
parties. 

Investigation  and  Prosecution. 

§  2.  It  shall  be  the  duty  of  the  mine  inspector  to 
ascertain  whether  or  not  the  provisions  of  section  1 
of  this  Act  are  being  complied  with  in  his  district, 
and  if  he  shall  find  that  any  corporation,  company, 
firm  or  individual  are  violating  the  provisions  of  sec- 


78 


tion  1  of  this  Act,  it  shall  be  his  duty  to  at  once  have 
instituted  suit  in  the  name  of  the  People  of  the  State 
of  Illinois,  in  some  court  of  competent  jurisdiction, 
for  the  recovery  of  the  penalty  provided  for  in  this 
Act,  and  it  shall  be  the  duty  of  the  State’s  Attorney 
of  the  county  in  which  such  suit  is  brought,  when 
notified  by  the  mine  inspector,  to  prosecute  such  suit, 
as  provided  by  law  in  other  State  cases. 

Violation,  Penalty. 

§  3..  Every  corporation,  company,  firm  or  indi¬ 
vidual  violating  the  provisions  of  this  Act  shall  be 
fined  not  less  than  $25.00  nor  more  than  $200  for  each 
offense. 


SHOT  FIRERS  IN  COAL  MINES. 

An  Act  to  amend  an  Act  entitled,  “An  Act  providing 
that  operators  of  mines  shall  furnish  shot  firers 
in  mines  where  shooting  and  blasting  is  done, 
approved  Ma/y  18,  1905,  in  force  July  1,  1905. 
Approved  May  20,  1907,  in  force  July  1,  1907. 
Approved  and  in  force  July  1,  1921. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  an  Act  entitled,  “An  Act  providing  that 
operators  of  mines  shall  furnish  shot  firers  in  mines 
where  shooting  and  blasting  is  done,”  approved  May 
18,  1905,  in  force  July  1,  1905,  be  and  the  same  is 
amended  to  read  as  follows: 

Shot  Firers,  Citizens. 

§  2.  In  all  mines  in  this  State  where  coal  is 
blasted,  and  where  more  than  two  pounds  of  powder 
is  used  for  any  one  blast;  and,  also  in  all  mines  in 
this  State  where  gas  is  generated  in  dangerous  quan¬ 
tities,  a  sufficient  number  of  practical,  experienced 
miners,  who  shall  be  citizens  of  the  United  States  and 
able  to  speak  and  understand  the  English  language, 
to  be  designated  as  shot  firers,  shall  be  employed  by 


79 


the  company,  at  its  expense,  whose  duty  it  shall  be 
to  inspect  and  do  all  the  firing  of  all  blasts,  prepared 
in  a  practical,  workmanlike  manner  in  said  mine  or 
mines.  (Amended  by  Act  approved  June  27,  1913, 
in  force  July  1,  1913.  Amended  by  Act  approved  and 
in  force  July  1,  1921. 

Shot  Fired,  Notice,  Record 

§  3.  The  shot  firers  shall,  immediately  after  the 
completion  of  their  work,  post  a  notice  in  a  con¬ 
spicuous  place  at  the  mine,  in  which  shall  be  indi¬ 
cated  the  number  of  shots  fired;  also  the  number  of 
shots  they  did  not  fire,  if  any,  specifying  the  number 
of  the  room  and  designation  of  the  entry,  and  giving 
reasons  for  not  firing  the  same.  In  addition  they 
shall  also  keep  a  daily  permanent  record,  in  which 
shall  be  entered  the  number  of  shots  or  blasts  fired, 
the  number  of  shots  or  blasts  failing  to  explode,  and 
the  number  of  shots  or  blasts  that  in  their  judgment 
were  not  properly  prepared  and  which  they  refused 
to  fire,  giving  reasons  for  same;  the  record  to  be  in 
the  custody  of  the  mine  manager  and  to  be  available 
for  inspection  at  all  times  by  parties  interested. 

Blasting. 

§  4.  The  superintendent  or  mine  manager  shall 
not  permit  the  shot  firers  to  do  any  blasting,  explod¬ 
ing  of  shots,  or  do  any  firing  whatever  until  each 
and  every  miner  and  employee  is  out  of  the  mine  ex¬ 
cept  the  shot  firers,  mine  superintendent,  mine  man¬ 
ager  and  man  or  men  necessarily  engaged  in  charge 
of  the  pumps  and  stables:  Provided,  however,  that 
nothing  in  this  section  shall  be  construed  to  prohibit 
the  employment  in  such  mine  of  a  reasonably  neces¬ 
sary  number  of  men  during  such  time  for  the  purpose 
of  securing  the  workings  in  case  of  fire  therein. 

Drill  Holes,  Alteration. 

§  5.  No  miner  or  other  person  shall  alter  or 
change  any  drill  hole,  by  increasing  its  depth,  diam- 


80 


eter  or  otherwise,  after  the  same  shall  have  been 
approved  by  the  shot  firer. 

Unlawful  Shots. 

§  6.  No  shot  firer,  whether  voluntarily,  or  by 
command  or  request  of  any  person,  shall  fire  any 
unlawful  shot,  or  any  shot  which  in  his  judgment, 
exercised,  as  aforesaid,  from  his  inspection  thereof, 
made  as  aforesaid,  shall  not  be  a  workmanlike, 
proper  and  practical  shot. 

Unlawful  Shot,  OMering. 

§  7.  No  person  or  persons  shall  order,  command 
or  induce  by  threat  or  otherwise,  any  shot  firer  to 
fire  any  unlawful  shot,  or  any  shot  which  in  his 
judgment,  after  due  inspection,  shall  not  be  a  work¬ 
man-like,  proper  and  practical  shot. 

No  person  shall  drill  or  shoot  a  dead  hole  as 
hereinafter  defined.  A  “dead  hole”  is  a  hole  w^here 
the  width  of  the  shot  at  the  point  measured  at 
right  angles  to  the  line  of  the  hole  is  so  great  that 
the  heel  is  not  of  sufiicient  strength  to  at  least  bal¬ 
ance  the  resistance  at  the  point.  The  heel  means 
that  part  of  the  shot  which  lies  outside  of  the 
powder. 

Violations,  Penalty. 

§  8.  Any  willful  neglect,  refusal  or  failure  to  do 
the  things  required  to  be  done  by  any  section,  clause 
or  provision  of  this  Act  on  the  part  of  the  person  or 
persons  herein  required  to  do  them,  or  any  violation 
of  any  of  the  provisions  or  requirements  thereof,  or 
any  attempt  to  obstruct  or  interfere  with  any  person 
in  the  discharge  of  the  duties  herein  imposed  upon 
them,  or  any  refusal  to  comply  with  the  provisions 
of  this  Act,  shall  «be  deemed  a  misdemeanor,  punish¬ 
able  by  a  fine  not  less  than  one  hundred  dollars  and 
not  to  exceed  two  hundred  dollars,  or  by  imprison- 
ire^.t  in  the  county  jail  for  a  period  not  exceeding 


81 


three  months,  or  both,  at  the  discretion  of  the  court: 
Provided,  that  whoever  shall  discover  that  any  sec¬ 
tion  of  this  Act,  or  part  thereof,  is  being  neglected  or 
violated  shall  report  the  same  to  the  superintendent 
of  the  mines  and  ask  immediate  compliance  there¬ 
with;  and  in  case  of  a  continued  failure  to  comply 
shall,  through  the  State’s  Attorney,  or  any  other 
attorney  in  case  of  his  failure  to  act  promptly,  take 
the  necessary  legal  steps  to  enforce  compliance  here¬ 
with,  through  and  by  means  of  the  penalties  herein 
prescribed. 

FIRE  FIGHTING  EQUIPMENT  IN  COAL  MINES. 

An  Act  to  require  fire  fighting  equipment  and  other 
means  for  the  prevention  and  controlling  of  fires 
and  the  prevention  of  loss  of  life  from  fires  in 
coal  mines.  Approved  and  in  force  March  8, 
1910. 

Fire  Fighting  Equipment,  Requirements. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  On  and  after  July  1,  1910,  except  as  hereinafter 
in  section  6  of  this  Act  is  provided,  the  following  re¬ 
quirements  for  fire  fighting  equipment  and  other 
means  for  the  prevention  and  controlling  of  fires  and 
the  prevention  of  loss  of  life  from  fires  in  coal  mines 
shall  be  strictly  observed  by  all  persons,  firms,  corpo¬ 
rations  or  associations  maintaining  and  operating  a 
coal  mine  within  the  State  of  Illinois. 

Water  Supply,  Hose  Connections,  Automatic  Sprink¬ 
ler,  Water  Barrels,  Chemical  Fire  Extinguishers. 

§  2.  (a)  There  shall  be  provided  a  supply  of 
water  for  fighting  fire  underground  which  shall  have 
a  head  from  a  standing  body  in  a  pipe,  tank  or  pond. 

(b)  Such  water  supply  shall  be  conducted  into 
the  mine  in  an  iron  or  steel  pipe  or  pipes  not  less 
than'  two  inches  in  diameter,  which  shall  have  not 


S2 


less  than  two  hose  connections  at  the  bottom  of  the 
hoisting  shaft,  and  two  hose  connections  at  the  bot¬ 
tom  of  the  air  and  escapement  shaft  designated  as 
such  under  the  law,  and  two  hose  connections  in 
each  stable  which  is  located  less  than  five  hundred 
(500)  feet  from  the  bottom  of  either  of  said  shafts; 
and  there  shall  be  iron  or  steel  pipes  not  less  than 
two  inches  in  diameter  in  the  entries  and  passage¬ 
ways  leading  from  the  bottom  of  each  of  said  shafts 
to  such  extent  and  such  position  that  with  one  (1) 
fifty-foot  length  of  hose  the  water  may  be  carried 
into  all  such  entries  and  passageways  within  three 
hundred  (300)  feet  from  the  bottom  of  each  of  said 
shafts  and  into  the  corresponding  area  in  slope  and 
drift  mines,  such  area  to  be  designated  in  this  Act  as 
the  fire  protected  area. 

(c)  Provided,  that  in  mines  having  one  hundred 
and  twenty-five  (125)  feet  or  less  head  at  the  bottom 
of  the  incoming  supply  pipe,  the  incoming  pipes  and 
the  pipes  having  hose  connections  shall  be  not  less 
than  three  (3)  inches  in  diameter.  The  pipe  in  the 
mine  shall  have  hose  connections  not  more  than  fifty 
(50)  feet  apart  beginning  at  the  bottom  of 'the  in¬ 
coming  supply  pipe  or  pipes. 

(d)  There  shall  be  kept  constantly  on  hand  at 
the  bottom  of  each  shaft  where  hose  connections  are 
required,  in  condition  for  immediate  use,  not  less 
than  two  (2)  fifty  (50)  foot  lengths  of  one  and  one- 
half  (114)  inch  inside  diameter  linen  hose  or  rubber 
lined  cotton  hose,  which  shall  have  been  tested  to  a 
pressure  of  two  hundred  (200)  pounds  to  the  square 
inch;  all  of  such  hose  and  connections  therefor  on  the 
supply  pipes  shall  have  American  standard  iron  pipe 
threads.  The  nozzles  on  such  hose  shall  be  not  less 
than  three-eighths  (%)  nor  more  than  five-eighths 
(  % )  inch  in  diameter. 

(e)  Where  any  part  of  any  passage  or  other 
excavation  within  one  hundred  and  fifty  (150)  feet 
of  the  bottom  of  the  hoisting  shaft  or  the  air  and 


83 


escapement  shaft  designated  as  such  under  the  law 
and  in  the  corresponding  area  in  slope  or  drift  mines 
is  timbered  with  cribbing  or  more  than  one  layer  of 
lagging  not  including  caps  or  wedges,  above  the  cross¬ 
bars,  there  shall  be  two  lines  of  automatic  sprinklers 
on  the  under  side  of  such  timebering,  attached  to  not 
less  than  one  and  one-half  (IVj)  inch  pipes  con¬ 
nected  with  the  fire  fighting  water  supply,  and  such 
sprinklers  shall  not  be  more  than  ten  (10)  .feet  apart. 

(f)  In  cribbing  or  lagging  as  last  aforesaid, 
which  is  more  than  three  (3)  feet  in  vertical  thick¬ 
ness,  there  shall  be  also,  as  near  the  top  thereof  as 
is  practicable,  automatic  sprinklers  connected  with 
the  water  supply  as  last  aforesaid  and  there  shall  be 
one  such  sprinkler  for  each  eight  (8)  feet  square  or 
horizontal  area  of  such  cribbing  or  lagging. 

(g)  In  every  underground  stable,  located  within 
one  thousand  (1,000)  feet  of  the  hoisting  shaft  or  the 
air  and  escapement  shaft  designated  as  such  under 
the  law,  there  shall  not  be  less  than  one  (1)  auto¬ 
matic  water  sprinkler  for  each  area  eight  (8)  feet 
square  in  said  stable;  such  automatic  sprinklers 
shall  be  connected  with  iron  or  steel  pipes  not  less 
than  one  and  one-half  {IV2)  inches  in  diameter  along 
the  roof  or  ceiling  in  the  stable,  which  shall  be  con¬ 
nected  with  the  fire  fighting  water  supply. 

(h)  All  automatic  sprinklers  shall  be  of  the 
fusible  plug  type  and  shall  not  require  a  tempera¬ 
ture  of  more  than  one  hundred  and  sixty-five  (165) 
degrees  Fahrenheit  to  release  the  water. 

(i)  In  all  underground  stables  other  than  those 
heretofore  in  this  Act  referred  to,  there  shall  be  kept 
barrels  full  of  water  and  two  metal  pails  with  each 
barrel.  Such  barrels  shall  be  not  more  than  fifty 
(50)  feet  apart,  and  there  shall  not  be  less  than  two 
(2)  barrels  full  of  water  and  two  (2)  metal  pails 
with  each  barrel  in  each  entry  or  passageway  into 
which  such  stable  opens  and  not  more  than  fifty 
(50)  feet  from  the  opening  of  the  stable. 


84 


(j)  There  shall  also  be  one  (1)  not  less  than 
two  and  one-half  (2^)  gallon  chemical  fire  ex¬ 
tinguisher,  or  its  equivalent,  as  approved  by  the 
Department  of  Mines  and  Minerals,  and  two  (2)  not  ^ 
less  than  six  (6)  gallon  hand  pump  buckets  in  each 
stable  and  in  each  entry  or  passageway  into  which 
such  stable  opens  not  more  than  fifty  (50)  feet  from 
the  opening  of  such  stable:  Pi'ovided,  that  in  mines  - 
employing  ten  (10)  men  or  less  underground,  the 
chemical  fire  extinguishers  shall  not  be  required. 
Such  chemical  fire  extingushers  and  hand-pump 
buckets  shall  be  kept  filled  and  ready  for  use. 

(k)  Provided,  however,  that  in  coal  mines  in 
which  less  than  ten  (10)  men  are  employed,  in  which 
there  are  no  stables,  in  lieu  of  said  water  supply  with 
pipes  and  hose,  there  may  be  substituted  the  follow¬ 
ing:  There  shall  be  kept  within  the  fire  protected 
area  in  each  such  mine,  barrels  full  of  water  not  more 
than  fifty  (50)  feet  apart,  and  with  each  barrel  there 
shall  be  two  metal  buckets;  and  there  shall  also  be 
kept  within  said  area  not  less  than  six  (6)  hand- 
pump  buckets  of  not  less  than  six  (6)  gallons 
capacity,  and  said  baskets  shall  be  kept  filled  and 
ready  for  use. 

(l)  A  barrel  within  the  meaning  of  this  Act 
shall  be  any  substantial  vessel  holding  not  less  than 
fifty  (50)  gallons. 

(m)  All  mines  shall  have  at  least  one,  not  less 
than  two  and  one-half  (2%)  gallons  chemical  fire 
extinguisher,  or  its  equivalent  as  approved  by  the 
Department  of  Mines  and  Minerals,  and  one  not  less 
than  six  (6)  gallon  hand-pump  bucket,  including 
those  hereinbefore  in  this  Act  required,  for  each  fifty 
(50)  employees  in  the  mine  with  a  minimum  of  six 
(6)  extinguishers  and  six  (6)  pump  buskets,  kept  at 
convenient  places  designated  by  the  mine  manager 
throughout  the  mine,  and  thre'e  (3)  fire  extinguish¬ 
ers  of  two  and  one-half  (2%)  gallons  each,  or  its 
equivalent  as  approved  by  the  Department  of  Mines 


85 


and  Minerals,  in  each  building  located  within  one 
hundred  (100)  feet  of  any  shaft,  drift  or  slope,  and 
such  extinguishers  shall  be  recharged  once  every  six 
months  and  a  record  rnade  of  the  date  of  recharging 
in  the  mine  examiner’s  report  book:  Provided,  this 
does  not  apply  to  buildings  constructed  of  fireproof 
material.  Such  extinguishers  and  buckets  shall  be 
kept  filled  and  ready  for  use:  Provided,  that  in 
mines  employing  ten  (10)  men  or  less  underground, 
the  chemical  fire  extinguishers  shall  not  be  required. 

Di'ainage,  Water  Pressure. 

§  3.  During  the  cold  weather  months  the  water 
pipes  shall  be  kept  drained,  but  the  supply  must  be 
kept  so  that  by  opening  a  valve  easily  accessible  on 
top,  the  water  will  be  promptly  available  at  all  times 
in  the  supply  pipes  underground.  The  water  pres¬ 
sure  in  said  pipes  to  which  hose  is  to  be  connected 
shall  not  be  less  than  twenty-four  (24)  pounds  per 
square  inch,  nor  more  than  seventy  (70)  pounds  per 
square  inch  at  a  point  not  less  than  two  hundred  and 
fifty  (250)  feet  from  the  bottom  of  the  shaft  or  the 
corresponding  position  in  slopes  and  drifts;  and  there 
shall  be  a  pressure  gauge  with  dial  at  said  point. 
When  the  water  pressure  in  the  pipes  leading  into 
the  mine  is  higher  than  seventy  (70)  pounds  per 
square  inch  at  the  pressure  gauge,  there  shall  be  a 
valve  on  the  incoming  supply  pipe  to  control  the  pres¬ 
sure  into  the  branch  pipes  in  the  mine,  and  there 
shall  be  a  shut-off  valve  on  every  branch  pipe  at  the 
connection  of  such  pipe  with  the  pipe  from  which 
it  leads. 

Underground  Stables;  Hay,  Bedding  and  Feed;  Light. 

§  4.  (a)  No  underground  stable,  unless  so  con¬ 
structed  as  to  be  fireproof  throughout,  shall  be 
nearer  than  six  (6)  yards  to  any  regular  traveling 
way,  and  every  underground  stable  shall  have  at  each 
opening  a  fireproof  door  with  a  door  frame  of  con¬ 
crete,  stone  or  brick  laid  in  mortar. 


86 


(b)  Every  such  stable,  which  contains  more  than 
ten  (10)  stalls,  shall  have  a  cement  or  brick  parti¬ 
tion,  with  a  fireproof  door  therein,  for  each  ten  (10) 
stalls  or  less;  or,  in  lieu  of  said  partition,  the  stable 
shall  be  lined  with  cement  plaster  or  wire  lathing  or 
other  fireproof  material,  where  inflammable  material 
is  exposed. 

(c)  All  hay,  bedding  and  feed  underground,  ex¬ 
cept  that  in  the  mangers  and  stalls,  shall  be  kept  in 
a  closed  cement,  brick,  stone  or  metal  receptacle;  and 
not  more  than  forty-eight  (48)  hours’  supply  of  hay 
or  bedding  shall  be  kept  underground,  and  not  more 
than  one  week’s  supply  of  grain. 

(d)  All  hay  and  bedding  taken  into  the  mine 
shall  be  baled.  Hay,  bedding  and  feed  shall  be  taken 
into  the  mine  only  in  a  closed  car  or  box,  which  shall 
be  kept  closed  until  the  materials  are  removed  to  the 
receptacles  provided  therefor. 

(e)  No  light  with  an  unprotected  flame  shall  be 
taken  into  an  underground  stable  by  any  person. 

Telephone  Lines,  Notice  of  Danger,  Rules  and  In¬ 
structions,  Fire  Drill. 

§  5.  (a)  There  shall  be  a  system  of  party  line 
telephones  which  shall  include  one  telephone  on  the 
surface  not  more  than  two  hundred  (200)  feet  from 
the  tipple,  and  one  at  the  bottom  of  the  hoisting 
shaft,  or,  in  slope  or  drift  mines  at  the  first  cross 
entries  in  operation;  and,  in  addition  thereto,  there 
shall  be  one  telephone  at  each  inside  parting.  Tele¬ 
phone  lines  shall  be  constructed  in  a  workmanlike 
manner  and  shall  be  repaired  promptly  when  neces¬ 
sary. 

(b)  On  becoming  aware  of  any  serious  danger 
requiring  the  inside  employees  to  come  out  of  the 
mine,  it  shall  be  the  duty  of  the  person  having 
charge  of  the  outside  or  inside  telephone  immediately 
to  give  notice  of  the  danger  to  the  other  telephone 
stations;  and  it  shall  be  the  duty  of  all  persons  who 


87 


I 


receive  information  thereof  to  cooperate  in  giving 
notice  thereof  to  all  other  persons  in  the  mine.  It 
shall  be  the  special  duty  of  all  drivers,  motormen, 
and  trip  riders  to  notify  all  other  drivers,  motormen, 
trip  riders  or  miners  from  whom  they  haul  coal,  of 
any  danger  requiring  them  to  leave  the  mine. 

(c)  Certain  employees  whose  regular  work  is  in 
or-  near  the  fire  protected  areas  shall  have  graded 
authority  and  designated  duties  in  case  of  fire;  and 
rules  and  instructions  therefor  shall  be  included  in 
the  regular  rules  of  the  mine,  and  such  employees 
shall  be  instructed  therein  by  the  mine  manager. 

(d)  There  shall  be  a  fire  drill  of  such  employees 
not  less  often  than  once  in  two  weeks,  and  the  pipes, 
connections  and  hose  shall  be  tested  at  such  drills. 

Fire-proof  Construction. 

§  6.  The  following  requirements  also  shall  apply 
to  all  coal  mines  developed  within  the  State  of  Illi¬ 
nois  after  the  passage  of  this  Act:  Provided,  that 
paragraphs  (a)  and  (b)  shall  not  apply  to  mines 
where  ten  (10)  men  or  less  are  employed. 

(a)  The  hoisting  shaft  and  the  air  and  escape¬ 
ment  shaft  designated  as  such  under  the  law  in  shaft 
mines  and  the  air  and  escapement  shaft  nearest  the 
main  opening  in  slope  or  drift  mines,  shall  be  of  fire¬ 
proof  construction  except  that  cage  guides  may  be 
wood.  All  drifts  and  slopes  that  are  opened  after  the 
passage  of  this  Act  must  be  of  fireproof  construction 
for  a  distance  of  three  hundred  (300)  feet  from  the 
entrance:  Provided,  that  this  section  shall  not  apply 
to  shafts'  in  actual  course  of  construction  at  the  time 
this  Act  takes  effect. 

(b)  The  roof  and  walls  of  the  passageways  lead¬ 
ing  from  the  bottom  of  the  hoisting  shaft  and  the  air 
and  escapement  shaft  designated  as  such  under  the 
law,  within  a  distance  of  three  hundred  (300)  feet 
from  the  bottom  of  either  of  said  shafts,  shall  be  of 


88 


V 

fireproof  construction,  except  that  the  coal  rib  or 
pillar  may  be  used  as  a  wall  in  such  passageways. 

(c)  All  underground  stables  and  the  openings 
therein  shall  be  of  fireproof  construction. 

Stables  in  mines  opened  after  the  passage  of  this 
Act  shall  not  be  located  between  the  main  and  es¬ 
capement  shaft,  or  in  direct  line  on  the  ventilating 
current  or  on  passageways  leading  to  the  escapement 
shaft  or  shafts. 

(d)  At  mines  constructed  in  conformity  with  the 
requirements  of  this  section  of  this  Act,  the  fire¬ 
fighting  equipment  described  in  section  2,  and  the  fire 
drill  described  in  section  5  of  this  Act  shall  not  be 
required,  except  that  there  shall  be  kept  at  conven¬ 
ient  places  designated  by  the  mine  manager,  through¬ 
out  each  mine,  one  not  less  than  two  and  one-half 
(2%)  gallon  chemical  fire  extinguisher,  or  its  equiva¬ 
lent  aa  approved  by  the  Department  of  Mines  and 
Minerals,  and  one  not  less  than  six  (6)  gallon  hand- 
pump  busket,  for  each  fifty  (50)  employees  in  the 
mine  with  a  minimum  of  six  (6)  extinguishers  and 
six  (6)  pump  buckets,  and  such  extinguishers  and 
buckets  shall  be  kept  filled  and  ready  for  use: 
Provided,  that  in  mines  employing  ten  (10)  men 
or  less  underground,  the  chemical  fire  extinguishers 
shall  not  be  required. 

Violations,  Comj)laints,  Penalties. 

§  7.  (a)  Any  willful  neglect,  refusal  or  failure  to 
obey  the  requirements  or  provisions  of  this  Act,  or 
willfully  giving  a  false  danger  signal  or  tampering 
with  any  of  the  appliance  required  by  the  provisions 
of  this  Act,  shall  be  deemed  a  misdemeanor,  punish¬ 
able  by  a  fine  of  not  less  than  fifty  dollars  ($50)  and 
not  to  exceed  two  hundred  dollars  ($200),  or  by  im¬ 
prisonment  in  the  county  jail  for  a  period  not  ex¬ 
ceeding  three  (3)  months,  or  both,  in  the  discretion 
of  the  court. 


89 


(b)  Upon  final  conviction  of  any  mine  manager 
or  any  miner,  under  the  provisions  of  this  Act,  his 
certificate  of  competency  shall  be  thereby  invali¬ 
dated;  and  it  shall  be  the  duly  of  the  State  Mining 
Board  in  the  case  of  a  mine  manager  or  the  miner’s 
examining  board  which  shall  have  issued  such  certi¬ 
ficate  in  the  case  of  a  miner,  to  cancel  and  revoke 
the  certificate  of  competency  of  the  person  so  con¬ 
victed;  and  such  person  shall  not  be  entitled  to  re¬ 
ceive  another  certificate  of  competency  within  three 
(3)  months  from  the  date  of  such  cancellation  and 
revocation. 

(c)  If  any  State  Mine  Inspector,  or  any  county 
mine  inspector  shall  find  that  any  provision  of  this 
Act  is  being  violated,  it  shall  be  his  duty  to  file  a 
sworn  complaint  before  any  court  of  competent  juris¬ 
diction,  stating  the  facts  within  his  knowledge  in 
such  case  and  asking  that  the  person  charged  with 
such  violation  be  bound  over  to  the  next  grand  jury 
for  said  county;  and  it  shall  be  the  duty  of  the 
State’s  Attorney  for  the  county  in  which  such  viola¬ 
tion  occurs  to  prosecute  such  complaint  as  provided 
by  law  in  other  State  cases. 

Each  county  mine  inspector  shall  report  at  least 
once  a  month  to  the  State  Mine  Inspector  for  the 
district  in  which  said  county  mine  inspector  is  work¬ 
ing,  stating  the  mines  he  has  examined,  the  violations 
of  this  Act  which  he  has  discovered  and  the  com¬ 
plaints  he  has  filed  under  the  provisions  of  this  Act. 

(d)  If  the  county* mine  inspector  shall  fail  to  file 
a'  complaint,  as  herein  required,  of  a  violation  of  this 
Act  which  he  shall  have  reported  to  the  State  Mine 
Inspector,  and  in  all  other  cases  of  violation  of  this 
Act  which  shall  have  come  to  the  knowledge  of  a 
State  Mine  Inspector  in  the  discharge  of  his  duties  it 
shall  be  the  duty  of  such  State  Mine  Inspector  to  file 
a  sworn  complaint  before  any  court  of  competent 
jurisdiction,  stating  the  facts  reported  to  him,  by  the 
county  m_ine  inspector,  or  coming  to  his  knowledge  in 


90 


the  discharge  of  his  duties,  and  asking  that  the  per¬ 
son  charged  with  such  violation  be  bound  over  to  the 
next  grand  jury  for  said  county;  and  it  shall  be  the 
duty  of  the  State’s  Attorney  for  the  county  in  which 
such  violation  occurs  to  prosecute  such  complaint  as 
provided  by  law  in  other  State  cases. 

(e)  If  any  State  Mine  Inspector  or  any  county 
mine  inspector  shall  willfully  fail,  neglect  or  refuse 
■to  file  a  compaint  as  herein  required,  or  shall  will¬ 
fully  disregard  the  duties  required  of  him  by  the  pro¬ 
visions  of  this  Act,  a  sworn  complaint  may  be  filed 
by  any  person  having  knowledge  of  the  facts,  before 
any  court  of  competent  jurisdiction,  charging  said 
county  mine  inspector  or  said  State  Mine  Inspector, 
as  the  case  may  be,  with  nonfeasange  in  office  and 
asking  that  such  inspector  be  bound  over  to  the  next 
grand  jury  for  said  county,  and  the  State’s  Attorney 
for  the  county  in  which  such  violation  occurs  shall 
prosecute  such  complaint  as  provided  by  law  in 
other  State  cases. 

Upon  final  conviction  for  nonfeasance  in  office 
under  the  provisions  of  this  Act,  of  any  State  Mine 
Inspector  or  any  county  mine  inspector,  his  certificate 
of  qualification  or  of  competency,  as  the  case  may  be, 
shall  be  thereby  invalidated  and  he  shall  become  dis¬ 
qualified  from  holding  such  office,  and  such  person 
shall  not  be  entitled  to  receive  another  certificate  of 
qualification  or  of  competency  as  the  case  may  be, 
within  three  (3)  months  from  the  date  of  such  final 
conviction. 

RESCUE  STATIONS  IN  COAL  FIELDS. 

Ax  Act  to  establish  and  maintain  in  the  coal  fields  of 
Illinois  mine  fire  fighting  and  rescue  stations.  Ap¬ 
proved  March  1910,  in  force  Jttly  1,  1910.  Title 
amended  by  Act  approved  June  5,  1911,  in  force 
July  1,  1911. 

Rescue  stations,  Humber. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem- 


91 


hly:  That  for  the  purpose  of  providing  prompt  and 
efficient  means  of  fighting  mine  fires  and  of  saving 
lives  and  property  jeopardized  by  fires,  explosions  or 
other  accidents  in  coal  mines  in  Illinois,  there  shall 
be  constructed,  equipped  and  maintained  at  public 
expense  three  rescue  stations  to  serve  the  northern, 
the  central  and  the  southern  coal  fields  of  the  State. 

Commission,  Appointment,  Compensation. 

§  2.  The  Governor  shall  appoint  a  commission, 
consisting  of  seven  members,  including  two  coal  mine 
operators,  two  coal  miners,  one  State  Mine  Inspector, 
and  one  representative  of  the  Department  of  Mining 
at  the  University  of  Illinois,  and  one  representative  of 
the  Federal  Bureau  of  Mines.  Said  commission  shall, 
within  ten  days  a’fter  their  appointment,  meet  and 
organize  by  electing  one  of  their  number  chairman 
and  another  secretary  of  said  commission,  who  shall 
hold  their  respective  offices  for  a  period  of  one  year 
from  the  date  of  their  election  and  until  their  suc¬ 
cessors  are  elected  and  qualified.  Members  of  the 
said  commission  shall  receive  ten  dollars  ($10.00) 
per  day  for  services  rendered,  not  to  exceed  tw^enty- 
five  (25)  days  during  any  one  year,  and  all  members 
of  said  commission  shall  be  reimbursed  for  actual 
expenses  while  engaged  in  official  work,  approved 
by  the  commission;  which  commission  shall  be  re¬ 
sponsible  for  the  proper  carrying  out  of  the  pro¬ 
visions  of  this  Act.* 

Station,  Sites,  Cooperation. 

§  3.  The  said  commission  shall  provide  or  pur¬ 
chase  or  accept  as  a  gift,  suitably  located  sites  for 
the  stations,  temporary  and  permanent  quarters  and 
suitable  equipment  and  materials  for  the  work:  Pro- 


*  Note — This  Commission,  Supt..  etc.,  abolished. 
Rights,  powers,  etc.,  transferred  to  Dept.’  of  Mines  and 
Minerals.  See  ch.  24 Secs.  35  and  45.  Hurd’s  Revised 
Statute,  1917. 


92 


vided,  however,  that  the  total  cost  of  the  equipment 
and  maintenance  of  the  service  to  July  1,  1911,  shall 
not  exceed  seventy-five  thousand  (75,000)  dollars. 
The  said  commission  shall  further  arrange  for  co¬ 
operation  in  the  work  with  mine  owners,,  miners 
and  State  and  Federal  organizations  so  as  to  render 
the  service  of  the  utmost  efficiency. 

Plans,  State  Architect, 

§  4.  The  State  Architect  shall,  as  provided  by 
law,  furnish  plans  and  specifications  for  suitable 
buildings  as  required  by  said  commission. 

Superintendents  and  Assistarits,  Numter,  Appoint¬ 
ment,  Instructions. 

§  5.  The  said  commission  shall  'appoint  for  each 
station  a  superintendent  and  assistant.  Each  ap¬ 
pointee  shall  serve  for  a  term  of  two  years  and 
until  his  successor  is  appointed  and  qualified,  un¬ 
less  sooner  discharged  by  the  said  commission.  Each 
appointee  before  entering  upon  the  duties  of  his 
office  shall  take  and  subscribe  to  the  oath  of  office 
as  provided  by  law.  The  commission  shall  have 
authority  to  pay  for  such  assistants  as  may  be 
needed  in  giving  instruction  in  first  aid  'to  the  in¬ 
jured  and  similar  technical  subjects,  and  such  other 
assistants  as  may  be  needed  from  time  to  time  to 
properly  carry  on  the  work  of  said  rescue  stations 
and  such  rescue  cars  and  sub-stations  as  may  be 
installed  in  connection  with  said  stations,  but  not 
more  than  two  extra  assistants  shall  be  employed 
for  each  rescue  car. 

Salaries. 

§  6.  Each  station  superintendent  shall  receive  one 
hundred  and  twenty-five  dollars  per  month;  and  each 
station  assistant  one  hundred  dollars  per  month; 
and  each  appointee  shall  receive  his  necessary  and 
actual  expenses. 


oo 


1/  o 


Commission,  Duty, 

§  7.  The  said  commission  shall  supervise  the 
work  at  each  of  the  three  stations,  shall  purchase 
necessary  supplies,  and  shall  keep  a  complete  rec¬ 
ord  of  all  operations  and  expenditures  and  an  in¬ 
voice  of  all  supplies  on  hand.  The  commission  shall 
provide  that  at  each  station  some  representative 
shall  be  on  duty  or  within  call  at  all  hours  of  the 
day  and  night  for  each  day  of  the  year. 

Superintendents,  Duty. 

§  8.  Whenever  the  superintendent  of  any  station 
shall  be  notified  by  any  responsible  person  that  an 
explosion  or  accident  requiring  his  services  has 
occurred  at  any  mine  in  the  State,  he  shall  proceed 
immediately  with  suitable  equipment  and  on  arrival 
at  the  said  mine  shall  superintend  the  work  of 
the  rescue  corps  in  saving  life  and  property;  and 
he  shall  cooperate  with  the  State  Mine  Inspector  and 
the  management  of  the  mine  in  the  rescue  work  to 
such  extent  as  necessary  for  the  protection  of  human 
life  in  the  mine,  during  such  time  as  members  of 
the  rescue  corps  are  under  ground  and  while  there 
is  reasonable  expectation  that  men  entombed  in  the 
mine  may  be  alive. 

Biennial  Report. 

§  9.  The  commission  shall  prepare  a  biennial  re¬ 
port  to  the  Governor  and  the  General  Assembly  with 
necessary  illustrations  showing  the  work  performed 
and  money  expended  by  the  mine  rescue  service;  and 
the  State  Board  of  Contracts  is  hereby  directed  to 
y  print  and  bind  said  reports  promptly,  and  to  provide 
all  necessary  printing  for  the  mine  rescue  commis¬ 
sion  out  of  the  appropriations  for  such  board  of 
contracts.  The  Secretary  of  State  shall  assign  to 
the  use  of  the  commission  suitably  furnished  rooms 
in  the  State  House,  and  shall  also  furnish  whatever 
blanks,  blank  books,  printing,  stationery,  instruments 


94 


and  supplies  the  commission  may  require  in  the  dis¬ 
charge  of  its  duties  and  for  use  of  its  employees. 

Appropriation. 

§  10.  To  carry  into  effect  the  provisions  of  this 
Act,  there  is  hereby  appropriated  the  sum  of  seventy- 
five  thousand  dollars  ($75,000.00)  of  any  money  in 
the  hands  of  the  State  Treasurer  not  otherwise  appro¬ 
priated;  and  the  Auditor  of  Public  Accounts  is  hereby 
directed  to  draw  his  warrants  on  the  Treasurer  on 
receipt  of  vouchers,  properly  certified  by  the  chairman 
and  secretary  of  said  commission  and  approved  by 
the  Governor. 

MINERS’  EXAMINING  BOARD. 

An  Act  to  provide  foi'  the  safety  of  persons  employed 
in  and  about  coal  mines,  and  to  provide  for  the 
examination  of  persons  seeking  employment 
therein  in  order  that  only  competent  persons  may 
be  employed  as  miners,  and  to  create  a  board  of 
examiners  for  this  purpose  and  to  provide  a  pen¬ 
alty  for  the  violation  of  the  same^,  and  to  repeal 
an  Act  entitled,  ''An  Act  to  amend  an  Act  en¬ 
titled,  'An  Act  to  provide  for  the  safety  of  per¬ 
sons  employed  in  and  about  coal  mines  and  to 
provide  for  the  examination  of  persons  seeking 
employment  as  coal  miners,  and  providing  pen¬ 
alties  for  the  violation  of  the  same,  approved 
June  1,  1908,  in  force  July  1,  1908,*  approved  Jun^ 
.5,  1909,  in  force  July  1,  19091*  Approved  June 
27,  1913,  in  force  July  1,  1913. 

Certificate  of  Competency,  Duplicates. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  hereafter  no  person  shall  be  employed  or 
engaged  as  a  miner  in  any  coal  mine  in  this  State 


95 


without  having  first  obtained  a  certificate  of  compe¬ 
tency  and  qualification  so  to  do  from  the  “Miners’ 
^  Examining  Board”  of  this  State,  created  by  this  Act. 
Miners  who.  now  hold  certificates  heretofore  issued 
by  any  board  of  county  mine  examiners  of  this  State 
)  may  be  permitted  on  or  before  July  1,  1916,  to  pro- 
‘  duce  before  the  Miners’  Examining  Board  created  by 
this  Act,  such  county  mine  examiners’  board  certifi¬ 
cate,  or  if  the  same  shall  have  been  lost  or  destroyed, 
satisfactory  evidence  of  its  issuance;  thereupon,  such 
miner  shall  be  entitled  to  receive  from  the  Miners’ 
Examining  Board  created  by  this  Act,  the  certificate 
herein  -provided  for,  which  substitute  certificate  shall 
be  issued  without  cost  to  said  miner.  After  the  first 
day  of  July,  1916,  no  miner’s  certificate  of  competency 
or  qualification  shall  be  recognized  in  this  State,  ex¬ 
cept  those  which  have  been  or  may  be  hereby  issued 
by  the  Board  created  by  this  Act: 

^  Provided,  however,  that  any  such  certified  miner 

>  may  have  one  person  working  with  him  and  under  his 
directions  as  an  apprentice  for  the  purpose  of  learn¬ 
ing  the  business  of  mining  and  becoming  qualified  to 
»  obtain  a  certificate  in  conformity  with  the  provisions 
of  this  Act. 

Miners'  Examining  Board,  Appointment,  Etc. 

§  2.  (Repealed  by  implication.  See  Civil  Admin¬ 
istrative  Code.) 

Commissioners'  Qualifications,  Salary  and  Expenses. 

§  §  3  and  4.  (Repealed  by  implication,  as  above.) 

^  Organization,  Secretary,  Duties. 

^  §  5.  Immediately  after  the  appointment  or  reap¬ 

pointment  of  a  commissioner  in  each  and  every  year, 
the  said  board  shall  organize  by  selecting  one  of  its 
j  members  president  and  another  secretary  for  the  en¬ 
suing  year,  and  all  records,  reports,  books,  papers  and 
other  property  pertaining  to  the  office  of  said  board 


96 


shall  be  kept  by  the  secretary.  The  secretary  shall 
be  provided  with  a  seal  with  proper  device  and  on 
the  margin  thereof  shall  be  the  words,  “Miners’  Ex-  ^ 
amining  Board,  State  of  Illinois.” 

Examinations,  Time  and  Place,  'Notice. 

§  6.  Such  board  shall  hold  an  examination  once 
in  each  calendar  month,  in  at  least  twelve  places  lo¬ 
cated  most  conveniently  wuth  reference  to  the  dis¬ 
tricts  in  which  coal  is  mined  in  the  State  of  Illinois 
so  that  all  persons  in  such  district  or  in  this  State, 
or  who  may  wish  to  come  into  this  State,  for  the 
purpose  of  engaging  in  mining,  may  be  examined  as 
to  their  competency  and  qualifications.  Public 
notice  of  said  examinations  shall  be  given  through 
the  press  or  otherwise  in  the  discretion  of  the  board, 
not  less  than  seven  days  in  advance  of  such  meet¬ 
ing,  which  notice  shall  fix  the  time  and  place  at 
which  any  examination  under  this  Act  is  to  be  held. 

Fees. 

§  7.  Each  applicant  for  the  certificate  provided 
for  herein  shall  pay  a  fee  of  $2  to  said  board.  Fees  so 
collected  during  each  month  shall,  before  the  10th 
day  of  the  following  month,  be  paid  by  the  board 
to  the  State  Treasurer,  together  with  a  report  show¬ 
ing  vrhere  and  from  whom  each  fee  was  collected. 

Examinations,  Certificates,  Record. 

§  8.  All  examinations  held  by  said  “Miners  Ex¬ 
amining  Board”  shall  be  conducted  in  the  Englisn 
language  and  shall  be  of  a  practical  nature  so  as  to 
determine  the  competency  and  qualification  of  the  ap¬ 
plicant  to  engage  in  the  business  of  mining.  Said  . 
board  shall  examine  under  oath  all  persons  who  ' 
apply  for  certificates  as  to  their  previous  experience 
as  miners  and  shall  grant  certificates  of  competency 
or  qualification  to  such  applicants  as  are  qualified, 
which  certificates  shall  entitle  the  holder  thereof  to 
be  employed  as  and  to  do  the  work  of  miners  in  this 


97 


State.  No  certificate  of  competency  shall  issue  or  be 
given  to  any  person  under  this  Act  unless  he  shall 
produce  evidence  of  having  had  not  less  than  two 
years’  practical  experience  as  a  miner  or  with  a 
miner,  and  in  no  case  shall  an  applicant  be  deemed 
competent  unless  he  appear  in  person  before  said 
board  and  orally  answer  intelligently  and  correctly  at 
least  twelve  practical  questions  propounded  to  him 
by  the  board  pertaining  to  the  requirements  and 
qualifications  of  a  practical  miner.  Said  board  shall 
keep  an  accurate  record  of  its  proceedings  and  meet¬ 
ings  and'  in  said  record  shall  show  a  correct  detailed 
account  of  the  examination  of  each  applicant  with 
questions  asked  and  their  answers,  and  at  each  of  its 
meetings  the  board  shall  keep  said  record  open  tor 
public  inspection.  No  miners’  certificate  granted 
under  the  provision  of  this  Act  shall  be  transferable 
and  any  effort  to  transfer  the  same  shall  be  deemed 
a  violation  of  this  Act.  Such  certificates  shall  be 
issued  only  at  meetings  of  said’  board  and  said  cer¬ 
tificates  shall  not  be  legal  unless  signed  by  at  least 
two  members  of  said  board  and  sealed  with  the  seal 
of  the  board  issuing  such  certificates. 

Annual  Report, 

§  9.  Said  board  shall  annually  on  the  first  day  of 
March  report  to  the  Governor,  in  writing,  what  exom- 
inations  it  has  held  and  what  work  it  has  done  dur¬ 
ing  the  preceding  year,  together  with  such  recom¬ 
mendations  as  it  may  deem  advisable  for  the  im¬ 
provement  of  the  method  of  holding  examinations 
and  carrying  out  the  purposes  of  this  Act. 

Violations,  Penalties. 

§  10.  No  person  shall  hereafter  engage  as  a  miner 
in  any  coal  mine  without  having  obtained  a  cer¬ 
tificate  of  qualification  as  provided  for  in  this  Act, 
nor  shall  any  person,  firm,  or  corporation  employ 
as  a  miner  in  his,  their  or  its  mine  in  this  State, 


98 


any  person  who  does  not  hold  such  certificate,  nor 
shall  any  mine  foreman,  overseer,  or  superintendent 
permit  or  suffer  any  person  to  be  employed  under  ' 
him  or  in  any  mines  under  his  charge  or  supervision 
as  a  miner  in  any  mine  in  this  State,  except  as 
herein  provided,  who  does  not  hold'  such  certificate 
of  qualification.  Any  person,  firm  or  corporation  who 
shall  violate  or  fail  to  comply  with  the  provisions 
of  this  Act,  shall  be  deemed  guilty  of  misdemeanor 
and  on  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  one  hundred  dollars  ($100),  and  not 
more  than  five  hundred  dollars  ($500),  or  shall  be 
imprisoned  in  the  county  jail  for  a  term  of  not  less 
than  thirty  days,  nor  to  exceed  six  months,  at  the 
discretion  of  the  court. 

Complaints  and  Prosecution. 

§  11.  It  shall  be  the  duty  of  said  “Miners  Exam¬ 
ining  Board'’  to  report  all  complaints  or  charges  of 
non-compliance  with,  or  violation  of  the  provisions  of 
this  Act  to  the  State’s  attorney  of  the  county  in 
which  such  non-compliance  or  violation  occurs,  and 
it  shall  be  the  duty  of  the  State’s  attorney  of  the 
county  wdierein  the  complaints  or  charges  are  made, 
to  investigate  the  same  and  prosecute  all  persons  so 
offending. 

Oath,  Perjury. 

§  12.  In  order  to  more  effectively  carry  out  the 
intention  and  purposes  of  this  Act,  the  “Miners’  Ex¬ 
amining  Board”  shall  have  powder  to  administer  oaths 
to  any  and  all  persons  who  are  applicants  or  may 
vouch  in  any  manner  for  the  service  or  qualification 
of  any  applicant  in  order  to  obtain  for  him  a  certifi- 
cate  hereunder,  and  any  person  who  shall  willfully 
swear  or  falsely  testify  as  to  any  matter  material  to 
such  examination  or  as  to  the  service  or  qualification 
of  any  applicant,  shall  be  deemed  guilty  of  perjury  ^ 
and  shall  be  subject  to  the  penalties  thereof  as  pre¬ 
scribed  by  the  criminal  code  of  this  State. 


99 


Removal  of  Commissioners. 

§  13.  The  Governor  shall  have  the  power  and 
authority  to  remove  any  of  said  commissioners  for 
neglect  of  duty,  incompetency,  or  malfeasance  in 
office,  and  upon  such  removal  shall  appoint  a  suc¬ 
cessor. 

Invalidity. 

§  14.  The  invalidity  of  any  section  or  part  of  this 
Act,  shall  in  no  manner  affect  the  valadity  of  any 
other  parts  of  this  Act,  exclusive  of  such  invalid 
part  or  parts,  if  any. 

Repeal. 

§  15.  That  an  Act  entitled,  “An  Act  to  amend  an 
Act  entitled,  ‘An  Act  to  provide  for  the  safety  of  per¬ 
sons  em^oyed  in  and  about  coal  mines,  and  to  pro¬ 
vide  for  the  examination  of  persons  seeking  employ¬ 
ment  as  coal  miners,  and  providing  penalties  for  the 
violation  of  the  same,  approved  June  1,  1908,’  ap¬ 
proved  June  5,  1909,  in  force  July  1,T909,”  be  and  the 
same  is  hereby  repealed. 

OIL  AND  GAS  WELLS  AND  LEASES. 

An  Act  to  amend  an  Act  entitled,  ''An  Act  in  rela¬ 
tion  to  sinking,  filling  and  operating  of  oil  or  gas 
wells,  approved  and  in  force  May  16,  19051'  Ap¬ 
proved  and  in  force  June  7,  1911. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  rejwesented  in  the  General  Assem¬ 
bly:  That  an  Act  entitled,  “An  Act  in  relation  to 
sinking,  filling  and  operating  of  oil  or  gas  wells, 
approved  and  in  force  May  16,  1905,”  be  and  the 
same  is  hereby  amended  to  read  as  follows: 

Wells,  Distance. 

§  1.  No  oil  or  gas  well  shall  be  drilled  hereafter 
nearer  than  250  feet  to  any  opening  to  a  mine  used 
as  a  means  of  ingress  or  egress  for  the  persons  em¬ 
ployed  therein  or  which  is  used  as  an  air  shaft. 


100 


statement,  Map,  Record. 

§  2.  It  shall  be  the  duty  of  any  person,  firm  or 
corporation  having  the  custody  or  control  of  any 
well  drilled  for  gas  or  oil,  and  of  the  owner  of  the 
land  in  which  such  well  is  drilled,  when  the  drill 
hole  penetrates  a  coal  seam,  to  file  in  the  office  of 
the  recorder  of  the  county  in  which  said  oil  or  gas 
well  is  drilled,  and  in  the  office  of  the  State  Mining 
Board,  within  fifteen  days  after  completing  said 
well,  a  statement  and  map  giving  the  location  and 
depth  of  every  well  so  drilled  and  the  county  recorder 
shall  file  and  enter  and  index  the  same  in  the  rec¬ 
ords  of  his  office  relating  to  the  titles  to  real  prop¬ 
erty. 

Abandoned  Well,  Plugging. 

§  3.  Before  the  casing  shall  be  drawn  from  any 
well  for  the  purpose  of  abandonment  thereof,  which 
has  been  drilled  into  any  gas  or  oil  bearing  rock,  it 
shall  be  the  duty  of  any  person,  firm  or  corporation 
having  the  custody  or  control  of  such  well  at  the  time 
of  such  abandonment,  and  also  the  owner  or  owners 
of  the  land  wherein  such  well  is  situated,  to  properly 
and  securely  stop  and  plug  the  same  in  the  following 
manner:  Such  hole  first  be  solidly  filled  from  the 

bottom  thereof  to  a  point  at  least  twenty  feet  above 
such  gas  or  oil  bearing  rock  with  sand,  gravel  or 
pulverized  rock,  immediately  on  the  top  of  which  fill¬ 
ing  shall  be  seated  a  dry  wood  plug  not  less  than  two 
feet  in  length,  having  a  diameter  of  not  less  than  one- 
fourth  of  an  inch  less  than  the  inside  diameter  of  the 
casing  in  such  well.  And  above  such  wooden  plug 
such  well  shall  be  solidly  filled  for  at  least  twenty-five 
feet  with  the  above  mentioned  filling  material,  im¬ 
mediately  above  which  shall  be  seated  another  wood 
plug  of  the  same  kind  and  size  as  above  provided,  and 
such  well  shall  again  be  solidly  filled  for  at  least 
twenty-five  feet  above  such  plug  with  such  filling  ma¬ 
terial.  After  the  casing  has  bqen  drawn  from  such 


Weil  there  shall  immediately  he  seated  at  the  point 
where  such  casing  was  seated  a  cast  iron  ball  or 
tampered  wood  plug  at  least  two  feet  in  length,  the 
diameter  of  which  ball  or  the  top  of  which  wood  plug 
shall  be  greater  than  that  of  the  hole  below  the  point 
where  such  casing  was  seated,  and  above  such  ball  or 
plug  such  well  shall  be  solidly  filled  to  top  of  well 
with  the  aforesaid  material. 

9 

Affidavit  of  Plugging,  Recording. 

§  4.  The  person,  firm  or  corporation  owning  or 
having  control  or  custody  of  any  such  well,  or  the 
land  in  which  any  such  well  is  situated  shall  file  or 
cause  to  be  filed  in  the  office  of  the  recorder  of  the 
county  in  which  any  such  well  is  located,  within 
fifteen  days  after  the  same  has  been  plugged,  as  pro¬ 
vided  in  section  3,  the  affidavit  of  at  least  two  per¬ 
sons  who  were  present  during  the  plugging  of  such 
well,  which  affidavit  shall  be  recorded  in  the  record 
books  in  the  office  of  the  recorder  of  such  county,  and 
shall  set  out  in  detail  the  manner  in  which  such  well 
was  plugged  and  the  depth  of  each  such  wood  plugs 
and  iron  ball  below  the  surface  of  the  ground,  and 
the  record  of  such  affidavit  shall  be  prima  facie  evi¬ 
dence  in  any  court  of  a  compliance  with  the  provi¬ 
sions  of  this  Act. 

Fresh  'Water,  Casing  Off. 

§  5.  It  shall  be  the  duty  of  any  person,  firm  or 
corporation  sinking  a  well  in  any  oil  or  gas  bearing 
rock,  or  having  sunk  such  well  and  maintaining  the 
same,  to  case  off  and  keep  cased  off  all  fresh  water 
from  such  well. 

Violations,  Penalties. 

§  6.  Any  person,  firm  or  corporation  violating  the 
provisions  of  section  1,  or  failing  to  comply  with  the 
provisions  of  section  2  of  this  Act,  or.  who  shall  fail 
or  refuse  to  plug  a  well  in  the  time  and  manner  pro¬ 
vided  in  section  3  of  this  Act,  or  shall  fail  or  neglect 


102 


to  secure  and  file  in  the  proper  recorder’s  office  the 
affidavit  provided  for  and  required  in  section  4  of  this 
Act,  or  shall  fail  and  neglect  to  properly  case  off 
fresh  water  from  such  well  and  keep  the  same  cased 
off  while  said  well  is  maintained,  as  provided  in  sec¬ 
tion  5  of  this  Act,  shall  be  liable  to  a  penalty  of  one 
hundred  dollars  ($100)  for  each  and  every  violation 
thereof,  and  the  further  sum  of  one  hundred  dollars 
($100)  for  each  ten  days  during  which  such  violation 
shall  continue,  and  all  such  penalties  shall  be  recover¬ 
able  in  a  civil  action  brought  in  any  court  of  com¬ 
petent  jurisdiction  in  any  county  in  which  said  viola¬ 
tion  occurred,  brought  in  the  name  of  the  State  of 
Illinois  on  the  relation  of  such  county,  and  for  the 
use  and  benefit  of  such  county,  and  in  all  such 
cases,  if  there  be  recovery  by  the  State,  it  shall 
recover  in  addition  to  such  penalties  a  reasonable 
attorney’s  fee. 

§  7.  (Emergency.) 

RELEASE  OF  FORFEITED  MINERAL  RIGHTS. 

An  Act  for  the  imrjjose  of  requiring  lessee,  his,  hei 
or  their  heirs,  rex)r^sentatives,  successors  or  as-  - 
signs  to  release  of  record  coal  and  other  mineral 
leases,  when  forfeited,  and  providing  a  penalty 
for  failure,  refusal  or  neglect  so  to  do.  Became  a 
law  without  the  Governor's  approval  July  12, 
1913,  in  force  July  1,  1913. 

Forfeited  Goal  or  Mineral  Lease,  Release,  Recording. 

Section  1.  Be  it  enacted  'by  the  People  of  the 
t^tate  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  When  any  lease  on  land  heretofore  or  here¬ 
after  taken  Tor  the  purpose  of  prospecting  for  coal  or 
other  mineral,  or  for  the  purpose  of  mining  the  coal 
or  other  mineral  from  said  land,  so  leased,  shall  be¬ 
come  forfeited  by  the  terms  of  said  lease  or  the  acts 
of  said  lessee,  his,  her,  or  their  heirs,  representatives, 
successors  or  assigns,  it  shall  be  the  duty  of  said  lessee, 


103 


his,  her,  or  their  heirs,  representatives,  successors  or 
assigns,  within  sixty  days  from  the  time  this  Act 
shall  take  effect,  if  such  forfeiture  take  effect  prior 
thereto,  and  within  sixty  days  from  the  date  of  for¬ 
feiture  of  any  and  all  other  leases,  to  have  such 
lease  or  leases  released  of  record  in  the  county  where 
such  land  is  situated,  without  any  cost  to  the  owner 
or  owners  of  the  land ;  and  any  failure  so  to  do  after 
notice  and  demand  shall  constitute  a  misdemeanor 
and  shall  subject  the  offender  to  a  fine  of  not  more 
than  two  hundred  dollars. 

Mandamus,  Attorney's  Fees. 

§  2.  Whenever  the  lessee  of  any  coal  or  other 
mineral  lands,  or  the  person,  firm,  company  or  corpo¬ 
ration,  owning,  holding  or  having  control  of  any  such 
lease  shall  allow  the  same  to  become  forfeited,  or  by 
his,  her  or  their  acts  shall  forfeit  the  same,  and  shall 
refuse,  fail  or  neglect  to  cause  the  same  to  be  released 
of  record  in  the  county  where  said  lands  are  situated, 
the  lessor  or  owner  of  said  lands  may  begin  and  main¬ 
tain  a  civil  action  to  compel  said  party  to  release  the 
same  of  record  and  upon  judgment  being  rendered 
decreeing  said  lease  forfeited  and  directing  the  re¬ 
lease,  the  said  lessee,  or  the  person,  firm,  company  or 
corporation  owning,  hglding  or  controlling  said 
lease,  shall  be  decreed  to  pay  all  costs  accruing  by 
said  action,  including  a  reasonable  attorney  fee  to  be 
taxed  as  cost. 

REQUIRING  RELEASE  OF  OIL  OR  GAS  RIGHTS 

WHEN  FORFEITED. 

An  Act  for  the  yuryose  of  compelling  oil  or  gas 
leases,  when  forfeited,  to  he  released  of  record 
and  providing  a  penalty  therefor.  Approved  May 
27,  1907,  in  force  July  1,  1907. 

Forfeited  Oil  or  Gas  Lease,  Release,  Recording. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem- 


104 


l)ly:  When  any  lease  on  land  heretofore  or  hereafter 
taken  for  the  purpose  of  prospecting  for  oil  or  nat¬ 
ural  gas  or  operating  oil  or  gas  wells  upon  lands  so 
leased,  shall  become  forfeited  by  the  terms  of  said 
lease  or  the  acts  of  the  lessee,  it  shall  be  the  duty  of 
the  lessee,  his,  her  or  their  successors  or  assigns 
within  sixty  days  from  the  date  this  Act  shall  take 
effect,  if  such  foreiture  take  effect  prior  thereto,  and 
within  sixty  days  from  the  day  of  forfeiture  of  any 
and  all  other  leases,  to  have  such  ,  lease  or  leases  re¬ 
leased  of  record  in  the  county  where  such  land  is 
situated,  without  any  cost  to  the  owner  or  owners  of 
the  land;  and  any  failure  so  to  do  shall  constitute 
a  misdemeanor  and  shall  subject  the  offender  to  a 
fine  of  not  more  than  two  hundred  dollars. 

Mandamus,  Attorney's  Fees. 

§  2.  Whenever  the  lessee  of  any  oil  or  natural  gas 
lands  or  the  person,  firm,  company  or  corporation, 
only  holding  or  having  control  of  any  such  lease 
shall  allov/  the  same  to  become  forfeited,  or  by  his, 
her  or  their  acts  shall  forfeit  the  same,  and  shall  re¬ 
fuse,  fail  or  neglect  to  cause  the  same  to  be  released 
of  record,  the  lessor,  or  owner  of  said  lands,  may  be-  - 
gin  a  civil  action  to  compel  said  party  to  release  the 
same  of  record  and  upon  judgment  being  rendered 
decreeing  said  lease  forfeited  and  .directing  the  re¬ 
lease,  the  said  lessee,  or  his  assigns,  shall  be  decreed 
to  pay  all  costs  accruing  by  such  action,  including  a 
reasonable  attorne3^  fee  to  be  taxed  as  costs. 

REGULATING  THE  CHARACTER  OP  PERMIS¬ 
SIBLE  EXPLOSIVES. 

An  Act  to  promote  the  safety  of  persons  and  property 
in  coal  mines  hy  regulating  the  character  of  per-' 
missihle  explosives  sold  to  he  used  in  coal  mines. 
Approved  June  26,  1913,  in  force  July  1,  1913. 

Permissihle  Explosives,  deifications. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
^tate  of  Illinois,  represented  in  the  General  Asserri- 


1 


105 


hly:  That  all  permissible  explosives  for  use  in  blast¬ 
ing  coal  in  the  State  of  Illinois  shall  conform  to  the 
following  specifications: 

(a)  All  permissible  explosives  offered  for  sale  in 
the  State  of  Illinois  shall  have  printed  on  each 
cartridge  and  individual  package  the  name  of  the 
manufacturer,  the  registered  trade  mark,  brand, 
grade  and  a  statement  that  it  conforms  in  strength 
to  the  grade  and  brand  established  by  the  United 
States  Bureau  of  Mines. 

(b)  Each  shipping  case  shall  have  marked  on  it 
the  total  weight  of  explosives  contained  therein,  and 
the  average  weight,  length  and  diameter  of  each 
stick  contained  therein. 

(c)  Each  shipping  case  containing  permissible 
explosives  shall  be  marked  “Permissible  Explosives.” 

(d)  Each  ingredient  of  a  permissible  explosive 
shall  not  vary  more  than  the  permitted  variation 
established  by  the  United  States  Bureau  of  Mines. 

Samples. 

§  2.  State  mine  inspectors,  county  mine  inspec¬ 
tors,  and  the  accredited  representatives  of  the  coal 
operators  and  coal  miners  shall  have  authority  to 
sample  permissible  explosives  used  for  blasting  pur¬ 
poses  in  coal  mines  in  the  State  of  Illinois,  or  kept  on 
hand  for  sale,  or  intended  for  shipment  for  use  in 
such  mines,  and  for  such  purposes,  they  may  enter 
upon  the  premises  of  any  person,  firm  or  corporation. 

Place  of  Testing. 

§  3.  If  the  State  mine  inspectors,  county  mine 
inspectors,  or  the  accredited  representatives  of  the 
coal  operators  or  coal  miners  shall  desire  to  have 
said  samples  tested  for  content,  they  shall  send  the 
same  to  the  United  States  Bureau  of  Mines  for  that 
purpose. 


Testing  Samples. 

§  4.  When  such  samples  are  intended  to  be  tested 
for  content,  they  must  be  taken  at  the  mill  or  ware¬ 
house  of  the  manufacturer  or  manufacturer’s  agent  or 
in  the  railroad  car  for  shipment  at  said  mill  or  ware¬ 
house  or  the  magazine  at  the  mine,  and  said  samples 
shall  be  taken  in  accordance  with  the  rules  estab¬ 
lished  by  the  United  States  Bureau  of  Mines. 

Yiolations,  Prosecution. 

§  5.  If  samples  of  permissible  explosives  when 
tested  as  provided  for  in  this  Act  shall  be  found  not 
to  comply  with  the  provisions  herein,  the  person, 
firm  or  corporation  guilty  of  violating  the  provi¬ 
sions  of  this  Act  shall  be  prosecuted  in  accordance 
with  the  provisions  hereof. 

Storing  Explosives. 

§  6.  Permissible  explosives  shall  be  stored  in 
magazines  constructed  in  accordance  with  plans  that 
shall  be  approved  by  the  State  Mine  Inspector  of  the 
district  in  which  the  mine  is  located. 

Magazines,  Construction. 

§  7.  Every  magazine  shall  be  provided  with  a 
wmoden  floor  which  shall  be  kept  free  from  grit  and 
dirt.  If  more  than  one  kind  of  explosive  is  kept  in 
the  same  magazine,  the  magazine  shall  be  divided 
into  rooms  by  partitions;  the  different  kinds  of  ex¬ 
plosives  shall  be  kept  in  different  rooms,  but  no  deto¬ 
nators,  or  blasting  caps,  or  any  device  containing  ful¬ 
minating  composition  shall  be  kept  in  the  same 
magazine  with  any  explosive.  All  detonators,  blast¬ 
ing  caps  or  any  device  containing  fulminating  com¬ 
position  shall  be  kept  separate  in  a  safe  and  dry  re¬ 
ceptacle  apart  from  any  other  explosive. 

M is- stamping ,  Etc. 

§  8.  Any  person.  Arm  or  corporation  changing 
any  stamp,  brand,  or  specification  denoting  the  con- 


107 


tents  of  any  package  or  cartrige  shall  be  subject  to 
the  penalties  provided  for  herein. 

Penalties, 

§  9.  Any  person,  firm  or  corporation  who  shall 
sell  for  use  in  the  coal  mines  in  this  State  any  per¬ 
missible  explosive  not  stamped  as  herein  required,  or 
who  shall  knowingly  sell  for  use  in  coal  mines  in 
this  State  any  permissible  explosive  which  is  un¬ 
truthfully  branded  or  stamped,  and  any  person,  firm 
or  corporation  being  a  manufacturer  of  permissible 
explosives,  or  the  agent  of  any  such  manufacturer 
of  permissible  explosives,  who  shall  sell  for  use  in 
any  coal  mine  in  this  State  any  permissible  explo¬ 
sive  which  shall  not  conform  to  the  requirements 
of  this  Act,  shall  be  punishable  by  a  fine  of  not  ex¬ 
ceeding  one  hundred  dollars  ($100)  or  by  imprison¬ 
ment  in  the  county  jail  for  not  exceeding  ninety 
(90)  days,  or  both,  in  the  discretion  of  the  court: 
Provided,  that  nothing  in  this  Act  shall  be  construed 
to  apply  to  permissible  explosives  shipped  prior  to 
this  Act  taking  effect. 

REGULATING  THE  USE  OP  BLACK  POWDER. 

An  Act  to  promote  the  safety  of  persons  and  prop¬ 
erty  in  coal  mines  ty  regulating  the  character  of 
,  'black  blasting  poivder  sold  to  be  used  in  coal 
mines.  Approved  June  7,  1911,  in  force  July  1, 

1911. 

Black  Poivder,  Specifications. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  black  powder  for  use  for  blasting  in  coal 
mines  shall  conform  to  the  following  specifications: 

(a)  It  shall  have  specific  gravity  of  not  less 
than  1.74  nor  more  than  1.90. 

(b)  It  shall  have  a  moisture  content  of  not  to 
exceed  1  per  cent  at  the  time  when  shipped  by  the 
manufacturer  or  his  agent. 


108 


(c)  Said  powder  shall  be  sold  for  use  in  coal 
mines  only  in  seven  sizes  of  granulation,  to  be  de¬ 
termined  as  follows: 

CCC  shall  be  powder  which  shall  pass  through 
a  screen  having  round  hole  perforations  of  40/64  of 
an  inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  32/64  of  an  inch  in  diame¬ 
ter. 

CC  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  36/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  24/64  of  an  inch  in 
diameter. 

C  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  27/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  18/64  of  an  inch  in  diame¬ 
ter. 

F  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  20/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  12/64  of  an  inch  in  di¬ 
ameter. 

FP  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  14/64  of 
an  inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  7/64  of  an  inch  in 
diameter. 

PFF  shall  be  powder  which  shall  pass  through  a 
screen  having  round  hole  perforations  of  9/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  3/64  of  an  inch  in 
diameter. 

FFFP  shall  be  powder  which  shall  pass  through 
a  screen  having  round  hole  perforations  of  5/64  of  an 
inch  in  diameter  and  remain  on  a  screen  having 
round  hole  perforations  of  2/64  of  an  inch  in 
diameter. 


In  testing  powder  for  size  of  granulation  as 
herein  required,  it  shall  he  permissible  for  a  given 
size  to  contain  not  to  exceed  per  cent  by  weight 
of  grains  of  the  size  next  larger  and  by  weight 
of  grains  of  the  size  next  smaller. 

Stamping. 

§  2.  All  black  powder  sold  for  use  in  coal  mines 
in  this  State  shall  have  plainly  stamped  on  the  keg 
or  package  in  which  it  is  contained  the  letter  show¬ 
ing  the  size  of  granulation  according  to  the  require¬ 
ments  of  this  Act. 

Unlawful  Sale,  Penalty. 

§  3.  Any  person,  firm  or  corporation  who  shall 
sell  for  use  in  coal  mines  in  this  State  any  black 
powder  not  stamped  as  herein  required’,  or  who  shall 
knowingly  sell  for  use  in  coal  mines  in  this  State  any 
powder  which  is  untruthfully  branded  or  stamped, 
and  any  person,  firm  or  corporation  being  a  manu¬ 
facturer  of  black  powder,  or  the  agent  of  any  such 
manufacturer  of  black  powder  who  shall  sell  for  use 
in  any  coal  mine  in  this  State,  any  powder  which 
shall  not  conform  to  the  requirements  of  this  Act  in 
respect  to  the  specific  gravity  and  moisture  content 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  punish¬ 
able  by  a  fine  of  not  exceeding  $100.00  or  by  imprison¬ 
ment  in  the  county  jail  for  not  exceeding  ninety  (90) 
days,  or  both,  in  the  discretion  of  the  court. 

Samples  and  Tests. 

§  4.  (a)  State  mine  inspectors  and  deputy  mine 
inspectors  shall  have  authority  to  sample  black  blast¬ 
ing  powder  used  for  blasting  purposes  in  coal  mines 
in  this  State,  or  kept  on  hand  for  sale  or  intended  for 
shipment  for  use  in  such  mines,  and  for  such  pur¬ 
pose  they  may  enter  upon  the  premises  of  any 
person. 

(b)  An  inspector  when  sampling  black  blasting 
powder  shall  secure  as  accurate  an  average  sample 


110 


as  is  practicable,  and  shall  test  the  granulation  of 
such  sample  with  the  screens  provided  for  in  this 
Act. 

(c)  If  the  inspector  shall  desire  to  have  said 
sample  tested  for  specific  gravity  or  moisture  con¬ 
tent,  he  shall  send  the  same  to  the  State  Mining 
Board  for  that  purpose,  and  when  such  samples  are 
intended  to  be  tested  for  moisture  content,  they 
must  be  taken  at  the  mill  or  warehouse  of  the  manu¬ 
facturer  or  manufacturer’s  agent,  or  in  the  railroad 
car  for  shipment  at  said  mill  or  the  warehouse;  and 
said  samples  when  so  taken  shall  be  immediately 
sealed  moisture-proof  before  being  sent  to  the  State 
Mining  Board. 

When  such  samples  are  received  by  the  State 
Mining  Board  they  shall  cause  the  same  to  be  prop¬ 
erly  and  accurately  tested  for  specific  gravity  and  for 
moisture  content. 

(d)  If  samples  of  powder  when  sampled  and 
tested  as  provided  in  this  Act  shall  be  found  not 
to  comply  with  the  provisions  herein,  the  person, 
firm  or  corporation  guilty  of  violating  the  provisions 
of  this  Act  shall  be  prosecuted  in  accordance  with' 
the  provisions  hereof. 

WASH  ROOMS  FOR  EMPLOYEES. 

An  Act  to  provide  for  wash  rooms  in  certain  employ¬ 
ments  to  protect  the  health  of  employees  and  se¬ 
cure  public  comfort.  Approved  June  26,  1913,  in 
force  July  1,  1913. 

Wash  Rooms,  Establishment. 

Section  1.  Be  it  enacted  'by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  every  owner  or  operator  of  a  coal  mine, 
steel  mill,  foundry,  machine  shop,  or  other  like  busi-  ’ 
ness  in  which  employees  become  covered  with  grease, 
smoke,  dust,  grime  and  perspiration  to  such  extent 
that  to  remain  in  such  condition  after  leaving  their 


Ill 


work  without  washing  and  cleansing  their  bodies  and 
changing  their  clothing  will  endanger  their  health 
or  make  their  condition  offensive  to  the  public,  shall 
provide  and  maintain  a  suitable  and  sanitary  wash 
room  at  a  convenient  place  in  or  adjacent  to  such 
mine,  mill,  foundry,  shop  or  other  place  of  employ¬ 
ment  for  the  use  of  such  employees. 

Wash  Rooms,  Requirements. 

§  2.  Such  wash  room  shall  be  so  arranged  that 
employees  may  change  their  clothing  therein,  and 
shall  be  sufficient  for  the  number  of  employees  en¬ 
gaged  regularly  in  such  employment;  shall  be  pro¬ 
vided  with  lockers  or  hangers  in  which  employees 
may  keep  their  clothing;  shall  be  provided  with  hot 
and  cold  water  and  with  sufficient  and  suitable  places 
and  means  for  using  the  same;  and  provided  with  a 
sufficient  number  of  showers  for  the  use  of  employ¬ 
ees  who  regularly  use  said  wash  rooms;  and  during 
cold  weather,  shall  be  sufficiently  heated. 

Inspection. 

§  3.  It  shall  be  the  duty  of  the  State  and  county 
mine  inspectors,  factory  inspectors  and  other  in¬ 
spectors  required  to  inspect  places  and  kinds  of  busi¬ 
ness  required  by  this  Act  to  be  provided  with  wash 
rooms,  to  inspect  such  wash  rooms  and  report  to  the 
owner  or  operator,  the  sanitary  and  physical  condi¬ 
tion  thereof  in  writing,  and  make  recommendations 
as  to  such  improvements  or  changes  as  may  ap¬ 
pear  to  be  necessary  for  compliance  with  the  pro¬ 
visions  of  this  Act. 

t  Violation,  Penalty. 

§  4.  Any  owner  or  employer  who  shall  fail  or 
refuse  to  comply  with  the  provisions  of  this  Act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 

‘  viction  thereof  shall  be  fined  not  more  than  one 
hundred  dollars. 


112 


Second  Offenses,  Etc.,  Penalty. 

§  5.  Any  owner  or  employer  who  shall  be  con¬ 
victed  of  a  violation  of  the  provisions  of  this  Act  shall 
be  subject  to  a  conviction  for  succeeding  offenses  for 
each  and  every  day  he  shall  neglect  or  refuse  to  com¬ 
ply  herewith. 

An  Act  to  regulate  the  use  of  Electricity  in  the 
Mines  of  the  State  of  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  all  mines  in  the  State  using  A.  C.  cur¬ 
rent  underground  shall  construct  and  maintain  fire¬ 
proof  rooms  in  which  to  install  transformers.  All 
wires  leading  to  said  transformers  shall  be  properly 
and  sufficiently  insulated  for  the  protection  of  per¬ 
sons  or  animals  coming  in  contact  therewith. 

Transformers  shall  be  constructed  with  auto¬ 
matic  cut-outs  in  case  of  short  circuiting. 

§  2.  All  wires  carrying  electric  current  passing 
through  curtains  or  infiammable  material  shall  be~ 
properly  protected  so  as  not  to  ignite  said  curtains 
or  infiammable  material. 

§  3.  (a)  Trolley  wires  or  other  exposed  elec¬ 
trical  wires  shall  not  carry  a  voltage  above  275 
volts. 

(b)  All  trolley  and  positive  feed  wires  crossing 
places  where  persons  or  animals  are  required  to 
travel  shall  be  safely  guarded  or  protected  from 
such  persons  or  animals  coming  in  contact  there¬ 
with. 

(c)  All  terminal  ends  of  positive  wires  shall 
be  guarded  so  as  to  prevent  persons  inadvertently 
coming  in  contact  therewith. 

Approved  June  24,  1921,  in  force  July  1,  1921. 


IIS 


CAPITAL  STOCK  OWNERSHIP. 

An  Act  to  authorize  mining  or  manufacturing  com¬ 
panies  to  own  and  hold  shares  of  the  capital  stock, 
and  to  own  and  hold  securities  of  railroad  com¬ 
panies  whose  roads  shall  connect  the  different 
plants  of  such  mining  or  manufacturing  compan¬ 
ies  with  each  other,  or  with  other  railroads  or 
harbors.  Approved  June  11,  1897,  in  force  July 
1,  1897. 

Capital  Stock,  Authority  to  Own. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  any  corporation  organized,  or  to  be  organ¬ 
ized,  under  and  by  virtue  of  any  law  of  this  State, 
for  mining  or  manufacturing  purposes,  be  and  the 
same  is  hereby  authorized  to  own  and  hold  shares  of 
the  capital  stock,  and  to  own  and  hold  securities  of 
any  railroad  company  or  companies  when  such  rail¬ 
road  or  railroads  shall  connect  the  different  plants  of 
such  mining  or  manufacturing  companies  with  each 
other,  or  with  other  railroads  or  harbors:  Provided, 
that  said  mining  or  manufacturing  companies  shall 
not  be  permitted  to  hold  stock  in  more  than  one  rail¬ 
road  connecting  the  same  points. 

DEPARTMENT  OF  MINING  ENGINEERING  AT 
UNIVERSITY  OP  ILLINOIS. 

An  Act  authorizing^ and  directing  the  establishment 
of  a  department  of  minmg  engineering  in  the  Col¬ 
lege  of  Engineering,  at  the  University  of  Illinois, 
and  providing  for  the  support  of  the  same.  Ap¬ 
proved  June  8,  1909,  in  force  July  1,  1909. 

Department  of  Mining  Engineering. 

Section  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  the  trustees  of  the  University  of  Illinois 
be  authorized  and  directed  to  establish,  in  the  College 


114 


of  Engineering,  at  the  university,  a  department  of 
mining  engineering. 

Courses  of  Instruction. 

§  2.  That  the  said  department  of  mining  engi¬ 
neering  shall  offer  such  courses  of  instruction  re¬ 
lating  to  the  science  and  practice  of  mining  as  will 
best  serve  to  train  young  men  for  efficient  work  in 
the  various  phases  of  the  mining  industry. 

Dissemination  of  Scientific  Facts. 

§  3.  That  in  addition  to  its  work  of  instruction, 
the  said  department  of  mining  engineering  shall,  so 
far  as  practicable,  concern  itself  with  the  develop¬ 
ment  and  dissemination  of  such  scientific  facts  as  are 
likely  to  be  of  service  in  improving  the  practice  of 
mining,  with  reference  to  efficiency  in  operation,  to 
the  security  of  life  in  the  mines,  and  to  the  con¬ 
servation  of  the  fuel  and  other  mineral  resources  of 
the  State. 

Appropriation. 

§  4.  That  there  be  and  hereby  is  appropriated  to 
the  University  of  Illinois,  to  meet  the  cost  of  estab¬ 
lishing  and  maintaining  the  said  department  of  min¬ 
ing  engineering,  the  sum  of  seven  thousand  five  hun¬ 
dred  ($7,500)  dollars  per  annum. 

Warrants. 

§  5.  The  Auditor  of  Public  Accounts  is  hereby 
authorized  and  directed  to  draw  his  warrant  on  the 
treasurer  for  the  sum  hereby  appropriated;  payable 
out  of  any  money  in  the  treasury  not  otherwise  ap¬ 
propriated,  upon  the  order  of  the  board  of  trustees  of 
said  university,  attested  by  its  secretary  and  with 
the  corporate  seal  of  said  university  thereto  at¬ 
tached. 


115 


TRESPASS  AND  INTIMIDATION. 

An  Act  to  revise  the  law  in  relation  to  criminal  jur¬ 
isprudence.  Approved  March  21,  181Jf,  in  force 
July  1,  181J,. 

Intimidation,  Penalty. 

§  160.  Whoever  enters  a  coal  bank,  mine,  shaft, 
manufactory,  building  or  premises  of  another,  with 
intent  to  commit  any  injury  thereto,  or  by  means  of 
threats,  intimidation  or  riotous  or  other  unlawful 
doings,  to  cause  any  person  employed  therein  to  leave 
his  employment,  shall  be  fined  not  exceeding  $500,  or 
confined  in  the  county  jail  not  exceeding  six  months, 
or  both. 

Trespass,  Penalty. 

§  268.  Whoever,  without  authority  of  law  and  not 
being  the  owner  or  agent  of  adjoining  land,  enters 
the  coal  bank,  mine,  shaft,  manufactory,  or  place 
where  workmen  are  employed,  of  another,  without  the 
expressed  or  implied  consent  of  the  owner  or  mana¬ 
ger  thereof,  after  notice  that  such  entry  is  forbidden, 
shall  be  fined  not  exceeding  $200,  or  confined  in  the 
county  jail  not  exceeding  six  months,  in  the  discre¬ 
tion  of  the  court. 


INFORMATION. 

An  Act  to  require  inspectors  of  mines  to  furnish  in¬ 
formation  to  the  State  Geologist,  and  to  provide 
for  paying  the  expenses  of  the  same.  Approved 
June  18,  1891,  in  force  July  1,  1891. 

Information,  Duty  of  Inspectors. 

Section  1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  in  addition  to  the  duties  now  prescribed 
by  law,  it  shall  hereafter  be  the  duty  of  the  State  in¬ 
spectors  of  coal  mines  to  procure  for,  and  under  the 


116 


direction  of,  the  State  Geologist,  a  true  record  of  the 
various  strata  through  which  coal  shafts  are  sunk, 
or  borings  for  coal,  oil,  gas  or  artesian  water  are 
made  in  their  respective  districts,  also  to  determine 
the  altitude  of  the  top  of  said  shafts  or  bore  holes, 
above  some  specified  point  on  the  nearest  railroad, 
or  other  point  whose  elevation  may  be  readily  as¬ 
certained;  and  also  to  determine  the  dip  of  the  coal 
stratum  in  all  mines  which  are  being  operated.  The 
additional  duties  herein  prescribed  for  said  inspec¬ 
tor  shall  be  discharged  at  such  times  and  in  such 
manner  as  not  to  interfere  with  their  primary  duties 
as  inspectors  of  mines,  and  they  shall  report  the  re¬ 
sults  of  their  observations,  from  time  to  time,  to 
the  State  Geologist. 

Expenses,  Payment. 

§  2.  The  actual  and  necessary  traveling  expenses 
of  saida  inspectors,  in  the  discharge  of  their  public 
duties,  shall  be  allowed  and  paid  from  the  same  fund 
and  in  the  same  manner  as  that  in  which  compensa¬ 
tion  for  their  services  is  now  paid,  and  upon  itemized 
quarterly  accounts,  verified  by  the  affidavit,  and  ap¬ 
proved  by  the  secretary  of  the  Commissioner  of  La¬ 
bor  Statistics  and  the  Governor. 

MINING  INVESTIGATION  COMMISSION. 

Section  1.  Be  it  enacted  'by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assem¬ 
bly:  That  a  commission  be  established,  to  be  known 
as  the  Mining  Investigation  Commission  of  the  State 
of  Illinois,  consisting  of  three  coal  mine  owners  and 
three  coal  miners  appointed  by  the  Governor,  to¬ 
gether  with  ^  three  qualified  men,  no  one  of  whom 
shall  be  identified  or  affiliated  with  the  interests  of 
either  of  the  mine  owners  or  coal  miners  or  depend¬ 
ent  upon  the  patronage  or  good  will  of  either,  nor  in 
political  life  who  shall  be  appointed  by  the  Governor. 


117 


Each  member  of  the  said  commission  shall  have 
equal  authority,  power  and  voting  strength  in  consid¬ 
ering  and  acting  upon  any  matters  which  may  be 
brought  to  the  attention  of  the  commission  and  on 
which  the  commission  may  act  and  the  said  commis¬ 
sion  shall  have  power  and  authority  to  investigate 
the  methods  and  conditions  of  mining  in  the  State  of 
Illinois  with  special  reference  to  the  safety  of  human 
lives  and  property  and  the  conservation  of  coal  de¬ 
posits. 

§  2.  In  making  an  investigation  as  contemplated 
in  this  Act,  said  commissioners  shall  have  the  power 
to  issue  subpoenas  for  the  attendance  of  witnesses, 
which  shall  be  under  the  seal  of  the  commission  and 
signed  by  the  chairman  or  secretary  of  said  com¬ 
mission. 

In  case  any  person  shall  wilfully  fail  or  refuse 
to  obey  such  subpoena,  it  shall  be  the  duty  of  the 
Circuit  Court  of  any  county,  upon  application  of  the 
said  commissioners,  to  issue  an  attachment  for  such 
witness,  and  compel  such  witness  to  attend  before 
the  commissioners,  and  give  his  testimony  upon  such 
matters  as  shall  be  lawfully  required  by  such  com¬ 
missioners;  and  the  said  court  shall  have  the  power 
to  punish  for  contempt,  as  in  other  cases  or  refusal 
to  obey  the  process  and  order  of  such  court. 

The  fees  of  witnesses  shall  be  the  same  as  in  the 
courts  of  record  and  shall  be  paid  out  of  the  appro¬ 
priation  hereinafter  made. 

And  upon  order  duly  entered  of  record  by  the 
said  commission  any  one  or  more  members  of  the 
said  commission  shall  be  empowered  to  take  testi¬ 
mony  touching  the  matters  within  the  jurisdiction 
of  the  said  commission  and  report  .tlie  same  to  the 
said  commission. 

Said  commission  shall  have  power  and  are  au¬ 
thorized  to  adopt  a  seal  and  to  make  such  rules  not 
inconsistent  with  or  contrary  to  law  for  the  govern¬ 
ment  of  proceedings  before  it,  it  may  deem  proper 


118 


and  shall  have  the  same  power  to  enforce  such  rules 
and  to  preserve  order  and  decorum  in  its  presence  as 
is  vested  by  the  common  law  or  statute  of  this  State 
in  any  court  of  general  jurisdiction. 

§  3.  Said  Commission  shall  meet  at  the  State 
Capitol  building  in  Springfield  on  the  second  Tues¬ 
day  after  notice  of  their  appointment  and  shall  im¬ 
mediately  elect  a  chairman  and  secretary  from 
among  their  number,  one  of  whom  shall  be  a  coal  mine 
owner  and  the  other  a  coal  miner.  Said  commission 
shall  cause  a  record  to  be  kept  of  all  its  proceedings. 

Five  members  of  the  said  commission  shall  con¬ 
stitute  a  quorum  for  the  transaction  of  business,  but 
a  less  number  than  a  quorum  may  adjourn  the  meet¬ 
ing  of  the  commission  from  time  to  time. 

Meetings  of  the  said  commission  other  than 
called  meetings,  as  provided  for  herein,  may  be  held 
at  such  times  and  places  within  the  State  of  Illinois, 
as  may  be  fixed  by  the  said  commission. 

A  meeting  of  the  said  commission  shall  be  held 
upon  the  written  request  of  any  three  members  of  the 
said  commission  signed  by  them  and  delivered  to  the 
secretary,  who  shall,  upon  receipt  of  such  request, 
notify  each  member  of  said  commission  by  mail  of 
such  meeting  so  to  be  held,  and  the  time  and  place 
thereof.  And  no  such  meeting  shall  be  held  less  than 
five  days  after  the  mailing  of  notice  of  the  said  meet¬ 
ing  to  the  members  of  said  commission  by  the  secre¬ 
tary. 

Such  called  meeting  shall  be  held  either  in 
Springfield  or  Chicago. 

§  4.  Said  commission  shall  report  to  the  Gov¬ 
ernor  and  to  the  General  Assembly  at  its  next  regular 
session,  submitting,  so  far  as  they  have  unanimously 
agreed,  a  proposed  revision  of  mining  laws  of  the 
State,  together  with  such  other  recommendations  as 
to  the  commission  shall  seem  fit  ^nd  proper  relating 
to  mining  in  the  State  of  Illinois, 


119 


And  where  there  is  not  unanimous  agreement 
upon  any  recommendation  there  shall  be  submitted 
in  like  manner  separate  reports  embodying  the  recom¬ 
mendations  of  any  one  or  more  members  of  the  said 
commission,  which  said  reports  shall  each  set  forth 
in  detail  the  recommendation  of  the  commissioner  or 
commissioners  signing  said  report  and  shall  embody 
his  or  their  respective  reasons  for  such  recommenda¬ 
tions,  and  his  or  their  objection  to  the  report  of 
other  members  of  the  commission.  The  duties  and 
functions  of  said  commission  shall  cease  and  the 
terms  of  office  of  the  respective  commissioners  shall 
treminate  upon  the  adjournment  of  the  Fifty-second 
General  Assembly. 

§  5.  The  members  of  said  commission  who  are 
coal  mine  owners  and  coal  miners,  as  aforesaid,  shall 
receive  no  compensation  for  their  services.  The  re¬ 
maining  three  members  of  the  commission  shall 
receive  as  compensation  for  their  services  the  sum  of 
$10.00  per  day  for  each  day  actually  employed  by 
them  as  such  commissioners.  All  members  of  the 
said  commission  shall  be  reimbursed  for  their  actual 
expenses  incurred  in  and  about  the  actual  work  of 
said  commission. 

Said  commission  may  appoint  a  stenographer  or 
clerk  and  such  other  employees  as  are  necessary  and 
shall  fix  their  compensation  and  may  incur  such 
other  expenses  as  are  properly  incidental  to  the  work 
of  the  commission. 

§  6.  The  sum  of  seven  thousand  dollars  ($7,000), 
or  as  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  for  the  postage,  stationery,  clerical  and 
expert  services,  and  incidental  traveling  expenses  of 
the  commission,  and  the  per  diem  of  members  as 
herein  authorized,  and  the  Auditor  of  Public  Ac¬ 
counts  is  hereby  authorized  to  draw  his  warrants  for 
the  foregoing  amount,  or  any  part  thereof,  in  pay¬ 
ment  of  any  expenses,  charges  or  disbursements 
authorized  by  this  Act,  on  order  of  this  commission. 


signed  by  its  chairman,  attested  by  its  secretary,  and 
approved  by  the  Governor. 

The  Department  of  Public  Works  and  Buildings 
is  hereby  authorized  and  directed  to  provide  all  nec¬ 
essary  printing  for  the  mining  investigating  commis¬ 
sion,  and  testimony  taken  by  it  shall  be  reported  in 
full  and  may  be  published  from  time  to  time  by  the 
commission. 

RULES  AND  REGULATIONS  GOVERNING  EX¬ 
AMINATIONS. 


Oral  and  Written. 

1.  The  examination  of  all  candidates  shall  con¬ 
sist  of  a  written  and  oral  part. 

^tate  Mine  Inspector^  Examination,  Time  of  Holding. 

2.  The  written  examination  for  State  Mine  In¬ 
spectors  will  be  held  on  Tuesday  following  registra¬ 
tion,  at  9:00  o’clock  a.  m.,  the  morning  session  closing 
at  12  m.  The  afternoon  session  will  begin  at  2:00 
o’clock  p.  m.,  and  close  at  5:00  o’clock  p.  m. 

Training  and  Experience  Questions,  Where  Answered. 

3.  Each  candidate  for  a  certificate  shall  answer 
a  set  of  questions  as  to  training  and  experience. 
These  questions  can  be  taken  to  his  room  and  answers 
presented  when  candidate  presents  himself  for  the 
oral  examination. 

Examination  Papers,  Designation  and  Num'bering. 

4.  Numbers  will  be  assigned  to  each  candidate, 
with  which  his  examination  paper  shall  be  marked 
and  by  which  only  he  shall  be  known  until  after  his 
written  examination  has  been  corrected  and  graded. 

OraZ  Examinations,  When  Held. 

5.  The  oral  examination  of  each  candidate  shall 
be  had  separately  after  the  written  examination  shall 
be  completed,  and  the  applicant  shall  be  called  for 
this  purpose  by  the  number  assigned  him. 


121 


V  •  . 


Questions^  Nature,  Classification,  Numbering, 


6.  Questions  for  each  examination  shall  be  uni¬ 
form  and  shall  consist  of: 

For  Mine  Inspectors . 24  written  questions; 

For  Mine  Manager — 

First  class  . 20  written  questions; 

Second  class . 10  written  questions 

For  Mine  Examiners . 15  written  questions 

For  Hoisting  Engineer . 15  written  questions. 

The  written  part  of  the  examination  shall  be  di¬ 
vided  as  follows: 


For  Mine  Inspectors 

For  Mine  Manager — 

First  class . 

Second  class . 


5  12  questions,  morning  session, 
\  12  questions,  afternoon  session. 

(  10  questions,  morning  session, 
}  10  questions,  afternoon  session. 
(  10  questions,  morning  session; 


For  Hoisting  Engineer  and  Mine  Examiner . 

15  questions,  morning  session. 
These  questions  shall  be  prepared  by  the  Director 
of  the  Department  of  Mines  and  Minerals,  or  under 
his  direction. 


Manner  of  Conducting  Examination. 

7.  All  candidates,  being  assembled,  shall  be  as¬ 
signed  to  separate  desks,  provided  with  writing  ma¬ 
terial,  and  each  candidate  shall  be  given  a  list  of 
printed  questions  required  to  be  answered,  also  a 
printed  card,  numbered,  on  which  to  ascribe  his  name 
and  address.  This  card  shall  be  enclosed  in  a  sealed 
envelope  and  retained  by  him  to  present  when  he  is 
called  for  oral  examination,  the  same  to  be  opened  by 
the  examiner  and  passed  to  the  person  keeping  the 
records  of  the  examination.  This  will  be  after  the 
written  work  has  been  graded  and  posted. 

Marking  and  Rating. 

8.  A  system  of  marking  shall  be  established  which 
shall  show  the  record  made  by  each  candidate  in 


122 


the  written,  oral,  training  and  personal  experience, 
the  sum  of  which  shall  be  the  final  rating  of  each 
candidate. 

Grading  Pagers. 

9.  A  minimum  shall  be  established  above  which 
candidates  must  be  graded  in  order  to  pass  the  exam¬ 
ination  and  receive  a  certificate  of  competency. 

Affidavit  of  Qualification. 

10.  All  candidates  w^ho  appear  before  the  Mining 
Board  for  examination  must  make  an  affidavit  setting 
forth  the  facts  as  to  residence,  age,  experience,  etc. 

Registration  Requirements. 

11.  Any  person  appearing  for  registration  in  an 
intoxicated  condition  will  not  be  permitted  to  register 
for  the  examination,  and  if  after  registering  a  person 
appears  in  an  intoxicated  condition  prior  to  the  time 
of  taking  examination,  he  will  not  be  allowed  to  take 
such  examination. 

Amendment  of  Rules. 

12.  The  Mining  Board  shall  have  a  right  at  any 
time  to  add  to  or  modify  these  rules  in  any  way,  pro¬ 
viding  the  changes  shall  have  been  put  in  writing  and 
presented  at  one  meeting  prior  to  their  adoption. 


123 


INDEX. 


DEPARTMENT  OF  MINES  AND  MINERALS. 

I  Organization  and  Management — 

Page. 

1.  Executive  Officers .  5 

2.  Seal  .  5 

3.  Central  and  branch  offices .  5 

4.  Employees,  civil  service .  5 

5.  Rules  and  regulations .  6 

6.  Cooperation,  coordination  and  efficiency .  6 

7.  Moneys,  disposition .  6 

8.  Expenditures  .  6 

9.  Reports  . 6 

II  Powers  and  Duties — 

10.  Generally  .  7 

11.  Mining  board .  7 

12.  State  Mine  Inspectors .  10 

13.  Miners  Examining  Board .  14 

14.  Mine  fire  fighting  and  rescue  stations .  15 

III  General  Mining  Law — 

Section. 

1.  (a)  State  Mining  Board .  16 

(b)  Powers  and  duties  of  board .  16 

(c)  Date  and  term  of  appointment .  17 

■(d)  Supplies  furnished  by  Secretary  of  State..  17 

(e)  Frequency  of  meetings .  17 

(f)  Rule  of  procedure . .• .  18 

(g)  Compensation  of  members .  18 

2.  (a)  Registration  .  19 

(b)  Examination  for  Inspectors .  19 

(c)  Names  certified  to  the  Governor .  19 

(d)  Examination  for  mine  managers .  19 

(e)  For  mine  manager,  second  class .  20 

(f)  Examinations  for  mine  examiners .  20 

(g)  Examinations  for  hoisting  engineers .  21 

(h)  Examination  for  electrical  hoisting  engi¬ 

neer  . .  .  21 

(i)  Examination  papers  preserved .  22 

3.  (a)  Certificates  issued  by  the  Board .  22 

(b)  Record  to  be  preserved . . .  22 


124 


INDEX — Continued. 

General  Mining  Law — Continued. 

Section  3 — Continued.  Pag’e. 

(c)  Effect  of  certificates .  22 

(d)  Unlawful  to  employ  other  than  certificated 

mine  managers .  23 

(e)  Unlawful  to  employ  other  than  certificated 

mine  examiners .  23 

(f)  Unlawful  to  employ  other  than  certificated 

hoisting  engineer .  23 

(g)  Temporary  employment  of  uncertificated 

persons  not  extended.., .  24 

fh)  Removal  of  inspectors .  24 

(i)  Cancellation  of  certificates .  24 

4.  Inspection  districts .  25 

5.  (a)  Inspectors  appointed .  25 

(b)  County  inspectors .  25 

(c)  Bond  .  27 

(d)  Instruments  .  28 

(e)  Examination  of  mines .  28 

(f)  Scope  of  examination .  28 

(g)  Authority  to  enter .  29 

(h)  Procedure  in  case  of  objection .  29 

(i)  Notices  to  be  posted .  30 

(j)  Sealer  of  weights .  30 

(k)  Test  weights .  30 

(l)  Inspector’s  annual  reports .  31 

(m)  Reports  to  be  published .  31 

(n)  Reports  by  operator . .  31 

6.  Pay  of  inspectors .  32 

7.  (a)  Maps  required .  32 

(b)  Surface  survey .  32 

(c)  Underground  survey .  32 

(d)  Maps  for  every  seam .  33 

(e)  Separate  map  for  the  surface .  33 

(f)  The  dip .  33 

(g)  Copies  for  inspectors  and  recorders .  33 

(h)  Annual  surveys .  34 

(i)  Abandoned  mines .  34 

(j)  Special  survey .  35 

(k)  Penalties  for  failure .  35 

8.  Sinking  subject  to  inspection .  36 

9.  (a)  Two  places  of  egress .  37 

(b)  Distance  from  main  shaft .  37 

(c)  Unlawful  to  employ  more  than  ten  men.  .  .  37 

(d)  Stairways  or  cages .  38 

(e)  Passageways  to  escapement .  39 

(t)  Communication  with  adjacent  mines .  39 


12S 


m 


INDEX— Continued. 
•  General  Mining  Law — Continued. 


Section.  Page. 

10.  (a)  Gates  at  landings .  4  0 

(b)  Lights  on  landings .  40 

(c)  Hoisting  equipment .  40 

(d)  Brake  on  drum — flange.s — rope  fastenings 

— indicator  .  41 

Bp.:'  (e)  Signals  .  41 

wj^'  (f)  Gauges  .  41 

(g)  Headerlines  .  4.3 

(h)  Safety  valves .  43 

|P-  (i)  Inspector  of  boilers .  43 

(j)  Run-around  at  bottom .  43 

w:.  (k)  Refuge  place  on  shaft  bottom.  .  .  .* .  43 

(1)  Obstructions  in  shaft .  44 

P  (m)  Inspection  .  44 

K/  '  11.  (a)  Buildings  on  the  surface .  44 

(b)  Oil  and  other  explosives .  45 

1/  (c)  Engine  and  boiler  house .  45 

^  12.  (a)  Top  man  and  bottom  man .  45 

(b)  Speed  of  cages  and  other  regulations .  46 

(c)  Rights  of  men  to  come  out .  46 

13.  Safety  Lamps .  46 

'  14.  Ventilation  . .’ .  47 

15.  (a)  Refuge  places,  power  haulage  roads .  51 

(b)  Refuge  places — mule  roads .  52 

(c)  Room  necks  as  refuge  places .  52 

:  (d)  Keeping  refuge  places  clear .  52 

(e)  Gob  on  haulage  roads .  52 

16.  Cars  .  52 

»  17.  Repealed  . 53 

“  18.  (a)  Oil  standards.  . .  53 

f  '  (b)  Brands  of  oil .  53 

(c)  Penalty  .  53 

:  (d)  Sampling  and  testing .  53 

19.  (a)  Amount  of  powder  in  mine .  54 

V  (b)  Place  and  manner  of  keeping  in  the  mine.  54 

•  (c)  Manner  of  handling .  55 

(d)  Quantity  of  powder  in  one  charge .  55 

>  (e)  Standard  charger .  55 

(f)  Dead  holes .  55 

(g)  Mixed  shots .  56 

(h)  Copper  tools . ' .  56 

U)  Tamping  .  56 

[,  (j)  Use  of  squibs .  56 

(k)  Warning  before  firing .  56 


126 


INDEX— Continued. 


General  Mining  Law — Concluded. 

Section  19 — Continued. 

(l)  Not  more  than  one  shot  at  a  time. 

(m)  Missed  shots . 

(n)  Withdrawing-  missed  shots . 

(o)  Length  of  fuse . 

20.  Duty  of  mine  managers . 

21.  Duty  of  mine  examiners . 

22.  Duty  of  hoisting  engineer... . 

23.  Special  rules . 

24.  (a)  Ten  foot  limit . 

(b)  Approaching  abandoned  workings 

25.  (a)  Duty  of  inspector . 

(b)  Coroner’s  inquest . 

(c)  Investigation  by  inspection . 

26.  Strechers  and  blankets . 

27.  (a)  Scales  . 

(b)  Weighman  . 

(c)  Check  weighman . 

28.  Boys  and  women . 

29.  Penalties  . 

30.  Definition  of  terms . 

31.  Repeal  . 

Right  of  Eminent  Domain — 

1.  Road  or  railroad . 

2.  Trespass,  surveyor . 

3.  Surveyor,  powers,  penalty . 

4.  Examination,,  expenses . 

5.  Trespass,  penalty  . 

6.  Mining  rights,  conveyance . 

7.  Mining  rights,  taxation . 

8.  Lead  mineral,  record . 

9.  Lead  mineral,  record,  inspection . 

10.  Lead  mineral,  purchaser,  statement.  .  . 

11.  Lead  mineral.  Purchase . 

12.  Lead  m.ineral,  purchase,  penalty . 


Page. 

.  .  56 

r-  rr 

.  .  0  1 
.  .  57 
.  .  57 


60 

62 

63 

65 

66 

66 

67 

67 

67 

68 
68 
68 

69 

69 

71 

72 

73 

74 
74 

74 

75 
75 
75 
75 

75 

76 
76 
76 


Wages^  Lien  on  Property — 

1.  Laborers  or  miners  wages,  lien  on  all  property.  .  76 


127 


I N  D  EX — Continued. 


Miners  Paid  for  All  Coal  Mined — 

Section.  •  Page. 

1.  Wages,  payment  .  77 

2.  Investigation  and  prosecution .  77 

3.  Violation,  penalty.. .  78 

Shot  Firers  in  Coal  Mines — 

1.  Shot  firers  furnished . .' .  78 

2.  Shot  firers  must  be  citizens .  78 

3.  Shot  firers,  notice,  record .  79 

4.  Blasting  . 79 

5.  Drill  holes,  alteration .  79 

6.  Unlawful  shots .  80 

7.  Unlawful  shot,  ordering .  80 

8.  Violation,  penalty .  80 

Fire  Fighting  Equipment — 

1.  Requirements  .  81 

2.  Water  supply,  hose  and  pipe  connections,  auto¬ 

matic  sprinkler,  water  barrels,  chemical  fire 
extinguishers  .  81 

3.  Drainage,  water  pressure .  85 

4.  Underground  stables,  hay,  bedding  and  feed ; 

light  .  85 

5.  Telephone  lines,  notice  of  danger,  rules  and 

instructions,  fire  drill .  86 

6.  Fireproof  construction .  87 

7.  Violation,  complaints,  penalties .  88 

Rescue  Stations — 

1.  Rescue  stations,  number .  90 

2.  Commission,  appointment,  compensation .  91 

3.  Station  sites,  cooperation .  92 

4.  Plans,  State  architect .  92 

5.  Superintendents  and  assistants,  number,  ap¬ 

pointment,  instructions .  92 

6.  Salaries  .  92 

7.  Commission,  duty .  93 

8.  Superintendents,  duty .  93 

9.  Biennial  report.  .  .  : .  93 

10.  Appropriation  . . . .  .  .  . . .  94 


128 


INDEX— Continued. 

Miners^  Examining  Board — 

Section.  .  Page. 

1.  Certificates  of  competency,  duplicates .  94 

2.  (Repealed,  See  Civil  Administrative  Code)  .... 

3  and  4.  (Repealed  as  above) . 

5.  Organization,  secretary,  duties .  95 

6.  Examinations,  time  and  place,  notice .  96 

7.  Fees  .  96 

8.  Examinations,  certificates,  record .  96 

9.  Annual  report .  97 

10.  Violations,  penalties .  97 

11.  Complaints  and  prosecution .  98 

12.  Oath,  perjury .  98 

13.  Removal  of  Commissioners .  99 

14.  Invalidity  .  99 

15.  Repeal  .  99 

Oil  and  Gas  Wells — 

1.  Wells,  distance .  99 

2.  Statement,  map,  record . 100 

3.  Abandoned  well,  plugging . 100 

4.  Affidavit  of  plugging . 101 

5.  Fresh  water,  casing  of . . lOl 

6.  Violations,  penalties . 101 

7.  Emergency  . 102 

Coal  and  Other  Mineral  Leases  to  be  Releasd  of... 
Record  When  Forfeited — 

1.  Release,  recording..: . 102 

2.  Mandamus,  attorney’s  fees . 103 

Oil  or  Gas  Leases  to  be  Released  of  Record  When.  .  . 
Forfeited — 

1.  Release,  recording . 103 

2.  Mandmaus,  attorney’s  fees . • . 104 

Regulating  the  Character  of  Permissible  Explo¬ 
sives — 

1.  Permissible  explosives,  specifications . 104 

2.  Samples  . 105 

3.  Place  of  testing . 105 

4.  Testing  samples . 106 


129 


I N  D  EX — Continued. 

Regulating  the  Character  of  Permissible  Explo¬ 
sives — Concluded. 

Section.  Page. 

5.  Violations,  prosecutions . 106 

6.  Storing  explosives . 106 

7.  Magazines,  construction . 106 

8.  Misstamping,  etc . 106 

9.  Penalties  . 107 

Regulating  the  Use  of  Black  Powder — 

1.  Black  powder,  specifications . 107 

2.  Stamping  . 109 

3.  Unlawful  sale,  penalty... . 109 

4.  Samples  and  tests . 109 

Wash  Rooms  for  Employees — 

1.  Wash  rooms,  establishment . 110 

2.  Requirements  . Ill 

3.  Inspection  . < . Ill 

4.  Violation,  penalty . Ill 

5  Second  offense,  etc.,  penalty . 112 

Regulating  the  Use  of  Electricity — 

1.  Fireproof  rooms  required . 112 

2.  Protection  of  wires . 112 

3.  Trolley  wires,  voltage,  protection,  etc . 112 

Capital  Stock  Ownership — 

u 

1.  Capital  stock,  authority  to  own . 113 

Mining  Engineering — 

1.  Department  of  Mining  Engineering . 113 

2.  Courses  of  instruction . 114 

3.  Dissemination  of  scientific  facts . 114 

4.  Appropriation  .  .- . 114 

5.  Warrants  . 114 

Trespass  and  Intimidation — 

160.  Intimidation,  penalty . 115 

268.  Trespass,  penalty . 115 

Information — ' 

1.  Information,  duty  of  inspectors . 115 

2.  Expenses,  payment . 116 


130 


I NDEX — Concluded. 


Mining  Investigation — 

Section.  Page. 

1.  Commission,  appointment,  powers  and  duties..  116 

2.  Witnesses,  supoenas,  contempt,  seal . 117 

3  Organization,  meeting,  quorum,  record . 118 

4.  Report,  recommendations,  termination  of  com¬ 

mission  . 118 

5.  Expenses  and  compensation,  stenographer ...  .119 

6.  Appropriation,  warrants,  printing . 119 


Rules  and  Regulations  Governing  Examinations.  .  .120 


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